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(영문) 의정부지방법원 2019.01.24 2018고정1713
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

At around 02:30 on July 25, 2018, the Defendant driven B rocketing car under the influence of alcohol content of about 0.205% at the 2m section of “a public parking lot in the high-Eup area” located at 129-13, Go-nam-ro 39, Gonam-ro, Yangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, consent to and confirmation of blood collection, blood alcohol appraisal report, on-site photograph;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is examined, the fact that the defendant recognized the criminal facts of this case and reflects his mistake, and the driving distance is not long, etc. are recognized as favorable circumstances for the defendant.

On the other hand, however, the drinking driving is a crime that may cause damage not only to the driver's life or property and needs to be punished strictly, and the blood alcohol concentration is relatively high to 0.205%, and has the record of being punished for the same and similar crimes, balance with the general sentencing in the same and similar cases, and other various circumstances, including the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime in this case, the circumstances after the crime, criminal records, family relations, economic circumstances, etc., which are the conditions for the sentencing in this case, shall be determined as per the disposition.

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