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(영문) 의정부지방법원 2018.11.08 2018고정1300
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

around 07:04 on September 7, 2018, the Defendant driven (K) 5 automobiles while under the influence of alcohol content of 0.136% in blood at a section of approximately 40 meters from the roads in front of the same time as the Man-dong water park from the Man-dong Non-dong in Yangju-si to the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and an inquiry into driver's license;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

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

1. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that the defendant recognized the criminal facts of this case and reflects his mistake, and the economic situation seems to be a relatively long-term judicial branch with respect to a subsequent judicial branch with respect to a subsequent judicial branch with respect to a subsequent judicial branch with respect to a subsequent judicial branch with respect to a criminal case,

However, the driving of drinking is a crime that may cause damage not only to a driver himself/herself but also to his/her life or property and needs to be punished strictly. The alcohol concentration in the blood is relatively high by 0.136%, the records of having been punished for the same kind of crime, the balance of general punishment in the cases of the same and similar kind of crimes, and other various circumstances, including the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime in this case, circumstances after the crime, criminal records, family relations, economic circumstances, etc., shall be determined as the sentence as set forth in the Disposition.

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