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(영문) 의정부지방법원 2017.12.14 2017고정2358
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 July 13, 2017, around 01:35, the Defendant driven a C-wing truck with a distance of approximately 10 meters on the front side of Yangju-si B, with a alcohol concentration of at least 0.178% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of a driver who is to take the alcohol, a written statement prepared D, inquiry of the results of crackdown on driving alcohol, and an appraisal report on alcohol during blood;

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 of Article 334(1) of the Criminal Procedure Act is examined, and the fact that the Defendant recognized the criminal facts of this case and reflects his mistake, and that the operating distance is relatively short is recognized as favorable circumstances for 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 0.178%, the crime of this kind has been punished several times due to the crime of this case, the balance of general punishment in the same and similar cases, 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 of this case, criminal records, family relations, economic circumstances, and other various circumstances that are conditions for the sentencing of this case shall be determined as per the disposition of this case.

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