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(영문) 의정부지방법원 2019.10.23 2018고단4397
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 29, 2018, at around 01:59, the Defendant driven an Emotor bicycle at a section of approximately 1.8 km from the front side of the city in Speaker-si B to the front side of D in the same city under the influence of alcohol content of 0.247%.

Summary of Evidence

1. A written statement of F and G;

1. Making a report on the control of drinking driving;

1. Application of statutes on site photographs;

1. Article 148-2 (2) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the selection of a fine for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order has a record of being punished for drunk driving even before.

Nevertheless, the crime of this case was committed under the condition that 0.247% of the blood alcohol concentration in the second blood was very high.

However, it shall be considered in favor of the fact that there is relatively low risk that may cause the public compared to the ordinary vehicles operated by the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.

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