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(영문) 의정부지방법원 2021.01.13 2020고단5493
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On September 8, 2020, the Defendant driven a Fco-sports car in the state of alcohol alcohol concentration of approximately 0.28% from the section of approximately 1.2 km from the front of C in the Namyang-si, Namyang-si to the front of E in the Namyang-si, Namyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about the scene photographs of the accident, the statement of the situation of the driver in charge, the investigation report (report on the situation of the driver in charge), and the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (3) 1 and 44 (1) 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 of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is that the Defendant’s blood alcohol concentration at the time of the instant case reaches 0.28% and is likely to be criticized.

However, the Defendant is selected by fine in consideration of the first offender who had no record of punishment prior to the instant case.

In addition, the age, character and conduct, family relations, motive and means of the crime, circumstances after the crime, etc. of this case and the various conditions of sentencing as shown in the pleading shall be comprehensively considered, and the punishment shall be determined as ordered.

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