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(영문) 의정부지방법원 2018.09.12 2018고정971
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 22, 2008, the Defendant was sentenced to a fine of KRW 1 million at the ordinary military court of the Water Defense Headquarters due to a violation of road traffic laws (drinking), and a fine of KRW 1.5 million due to a violation of road traffic laws at the Jung-gu District Court on April 23, 2014, respectively.

Nevertheless, on April 23, 2018, around 20:59, the Defendant driven a liquid vehicle B under the influence of alcohol concentration of 0.059% from the distance of approximately 100 meters between the roads near the training site for the reserve forces in each city of Nam-si, Namyang-si to the roads of about 5:54 percent in each city of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the Defendant, in light of the fact that he did not reflect the past record of punishment for driving under drinking twice even though he had been punished for driving under the influence of drinking, and that he did not drive under the influence of drinking.

shall not be deemed to exist.

However, the alcohol concentration in blood at the time is relatively high, and it is against the depth of the crime.

In addition, the punishment shall be determined by comprehensively taking into account the details leading to the instant crime, circumstances before and after the instant crime, and the age, sex, environment, health conditions, etc. of the accused.

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