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(영문) 의정부지방법원 2020.04.23 2020고정69
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 October 3, 2019, around 01:29, the Defendant driven a e-car with approximately 8km section in the state of alcohol 0.116% under the influence of alcohol level 0.16%, from the two weeks, to the adjacent road located in Da-si C from the front of the two weeks-si.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A statement of witness of the F;

1. The circumstantial statement of the employer-employed driver and the circumstantial report of the employer-employed driver;

1. The user ledger of the measuring instruments for drinking;

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

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized the facts charged in the instant case and reflects his mistake, and that the defendant does not have any criminal record for the same kind of crime, etc. is favorable to the defendant.

However, considering the fact that drinking driving is a crime threatening to the life and body of himself/herself and others, it is necessary to strictize considering the social danger and harm, the blood alcohol concentration at the time of the crime of this case is considerably high to 0.116%, and the distance of the defendant driving is about 8 km, and the defendant has a history of suspended execution of imprisonment with prison labor, once a fine is sentenced to 4 times criminal punishment due to 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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