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(영문) 의정부지방법원 2018.11.08 2018고정1191
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 06. 06. 06. 22:03, the Defendant driven B SP car under the influence of alcohol concentration of about 500 meters from a place where it is impossible to identify the trade name located in the SP-dong in Guri-si around 22:03 to the roads 1:3 in the same city at the same time, the Defendant driven B SP car under the influence of alcohol concentration of about 0.138% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol (record 6 pages);

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant Article 148-2 (2) 2 and Article 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment is that the numerical value of alcohol concentration in the blood at the time of the instant case, and that the Defendant’s liability is minor if he/she considers the risk of driving alcohol at the time of the instant case;

shall not be deemed to exist.

However, the punishment shall be determined by comprehensively considering the fact that the defendant's mistake and reflects, the first offender, the circumstances before and after the crime of this case, the age, sex, environment, etc. of the defendant.

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