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(영문) 의정부지방법원 2018.01.11 2017고정2556
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On 29. 22:40 on 29. 08. 22:40, the Defendant driven Bunstun vehicles under the influence of alcohol content of at least 0.155% in a section of approximately 500 meters from the vicinity of the zone where it is possible to see at the Government of the Republic of Korea, to the vicinity of the viewing station of the light iron iron at the same time with the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of the driver in charge, making a report on the situation of the driver in charge, giving consent to blood collection, reply to a request for appraisal, and inquiry about the results of regulating drinking driving;

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

1. Article 148-2 (2) 2 and Article 44-4 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

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

1. The reasons for sentencing of 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, the defendant is dependent on the defendant, and the economic situation seems to have not been followed by the judicial decision for the last half of the year following the last half of the year, are recognized as the circumstances favorable to the defendant.

On the other hand, however, the driving of drinking is a crime that may cause damage not only to the driver's life or property and needs to be punished strictly. The blood alcohol concentration is relatively high by 0.15%, the crime of the same kind, etc. has been punished several times due to the same crime. The balance of general punishment in cases of the same and similar kind, and the defendant's age, sex, behavior, intelligence and environment, motive, means and consequence of the crime of this case, the circumstances after the crime, criminal records, family relations, and economic circumstances, etc. are determined as follows.

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