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(영문) 의정부지방법원 2018.08.30 2018고정1063
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 14, 2009, the Defendant issued a summary order of KRW 1 million for the same crime at the Seoul Northern District Court on August 17, 2007, with a fine of KRW 1.5 million for the same crime.

On April 20, 2018, the Defendant driven a DEX car while under the influence of alcohol content of about 0.081% in blood at the section of approximately five meters 5 meters in front of Han Council members, Hanwon-gun, G, Ga, L, and L, L, L, and L, L, L, and L, L, L, and L, L, and L, L, L, and L, L,

Summary of Evidence

1. Statement by the defendant in court;

1. On-site reports, field photographs, reports on the occurrence of traffic accidents, traffic accident reports, traffic accident reports, notification of the results of crackdown on driving under influence of alcohol, the circumstantial records of driving under influence of alcohol, and each investigation report (verification of the circumstantial records and the same records);

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

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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 the first sentence of sentencing of Article 334(1) of the Criminal Procedure Act; the defendant recognized the criminal facts of this case and against his mistake; the alcohol content in blood is relatively high by 0.081%; the defendant has dependents; the defendant has no dependents for the defendant; the economic situation appears to have not been designated by the judicial branch after the end of 2009; and the fact that there is no record of criminal punishment after the end of 2009, etc. are recognized as normal 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 danger of driving drinking has been realized, and traffic accidents have occurred due to the reality of the risk of driving, the crime of this case is serious to impose a fine of not less than 5 million won but not more than 10 million won when the statutory penalty is selected, and the general criminal punishment in the same and similar cases is balanced, and the defendant's age, gender, and other crimes shown in the argument of this case are committed.

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