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(영문) 의정부지방법원 2020.08.27 2020고정807
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On February 11, 2020, the Defendant driven a Fenz car in the state of alcohol alcohol concentration of about 0.167% at the 2km section from the front road in Changwon-si, Changwon-si B to the front road in the same Gu D apartment E-dong parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

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

1. A report on the actual state of the driver;

1. A report on internal investigation (on the spot conditions, etc.);

1. Application of Acts and subordinate statutes to the investigation report (Report on the status of an employer driver);

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) include: (a) the Defendant recognized the facts charged in the instant case; and (b) the Defendant supports three children neglected to divorce; and (c) the Defendant seems to have difficulty in economic situation.

However, considering the fact that drinking driving is a crime threatening to the life and body of himself/herself and others, there is a need to strictize considering the social danger and harm, and considering the unfavorable circumstances such as the depositee with a very high blood alcohol concentration of 0.167% at the time of the crime of this case, it is deemed that the punishment of a summary order against the defendant is not excessive.

In addition, in comprehensive consideration of the defendant's age, occupation, character and conduct, environment, family relationship, circumstances after the crime, etc. and all the sentencing conditions specified in the records and pleadings of this case, the punishment shall be determined as ordered.

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