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(영문) 의정부지방법원 2018.06.28 2018고정693
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 16, 2018, the Defendant, at the Government-si around 22:55, operated a B-hand car under the influence of alcohol with approximately 400 meters alcohol concentration of about 0.069%, from the 198 Fluxon Road to the 198 Fluxon Road (hereinafter referred to as the “Fluxon Road”), to the same day, around 23:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, inquiry into the following, etc.;

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

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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 examined; the defendant recognized the criminal facts of this case and reflects his mistake; the defendant appears to have not been engaged in a judicial decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making

On the other hand, 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 fact that there has been several records of punishment for the crime of this kind, the general amount of punishment in the same and similar cases, the balance of the punishment of the defendant's age, sexual conduct, intelligence and environment, the motive, circumstance, means and consequence of the crime of this case, the circumstances after the crime, criminal records, family relations, economic circumstances, and other various circumstances that are the conditions for the sentencing of this case shall be determined as per the disposition.

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