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(영문) 의정부지방법원 2018.04.25 2018고정483
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On November 13, 2017, the Defendant driven F rocketing taxi under the influence of alcohol content of about 0.278% from a 100-meter section of blood, from the front of the Maamamba-dong “Maamba-dong Public Security Center” to the front road of the same Siamba-dong 20-14, Siamba-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol and statement of the circumstances of driving of drinking alcohol;

1. Application of Acts and subordinate statutes to the investigative report (the results of appraisal of alcohol among the blood of the National Institute of Scientific Investigation);

1. Relevant Article of the Act and Articles 148-2 (2) 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 of Article 334(1) of the Criminal Procedure Act is against the Defendant’s starting committing the instant crime.

However, in 2009, the Defendant was sentenced to a fine of two million won due to drinking driving, and not only has the record of being sentenced to a fine of two million won due to drinking driving, but also has a high alcohol concentration in the blood of this case 0.278%.

In addition, the punishment shall be determined as per the order in consideration of the risk of driving alcohol, the circumstances leading to the occurrence of the case, the age, sex, environment, etc. of the defendant.

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