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(영문) 의정부지방법원 2017.10.26 2017고정1562
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000 (three million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On April 21, 2017, while under the influence of alcohol content of 0.130% from blood, the Defendant driven a C-Thon vehicle at approximately 7 km from the front of the upper Myeon office located at the upper Myeon of Gyeonggi-gu, Gyeonggi-do, to the road of approximately 7km from the same Myeono-gu, the upper Myeon office located at the upper Myeono-gu, Gyeonggi-do.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on the detection of a primary driver and a report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating driving of drinking alcohol (blood collection result);

1. Application of the statutes of the response request for appraisal;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) 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 under Article 334(1) of the Criminal Procedure Act reveals, instead, that the Defendant took the attitude to mislead himself/herself and reflect his/her wrongness, and on the ground that it is difficult for him/her to do so, he/she appeals to reduce the amount of a fine for summary order (30 million won) on the ground of difficult family circumstances.

However, in light of the fact that the defendant drives a motor vehicle in the condition of 0.130% alcohol concentration in blood, the responsibility for the crime is more serious.

As traffic accidents caused by drinking driving do not decrease, social requests are strong to strengthen punishment for drinking driving.

Even on December 15, 2011, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act.

In addition, the defendant's age, sex, environment, method and mode of committing a crime, circumstances before and after committing a crime, etc. shall be determined by the same punishment as a summary order, comprehensively taking into account the various circumstances shown in the arguments in this case.

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