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(영문) 의정부지방법원 2019.01.16 2018고단4735
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 August 11, 2018, at around 21:24, the Defendant driven a Clearning car under the influence of alcohol of about 10km from the 10km section to the roads in front of the Namyang-si, Namyang-si, the Defendant driven the Clearning car under the influence of alcohol of about 0.186%.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act and Articles 148-2 (2) 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 of Article 334(1) of the Criminal Procedure Act, which has been sentenced to a suspended sentence in 196 due to drunk driving, etc. and a fine in 2004, respectively.

Nevertheless, since drinking driving is repeated, it is necessary to punish the defendant strictly.

At the time, blood alcohol concentration is also high.

However, considering the circumstances favorable to the defendant that a considerable period of time has elapsed from the time when the defendant was punished last due to drinking driving.

In addition, the defendant's age, character and conduct, environment, motive and background leading to the crime of this case, means and result, circumstances before and after the crime of this case, and other factors of sentencing as shown in the arguments of this case shall be determined as ordered.

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