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(영문) 의정부지방법원 2012.12.26 2012고합648
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 25, 2012, the Defendant was under the influence of alcohol content 0.22%, and around 23:40 on June 25, 2012, the Defendant driven a gallon vehicle in the section of approximately 300 meters from the front side of the Dongbcheon Central High School, which was in the Doducheon-si Dobcheon-si, to the transmission 2 complex apartment apartment parking lot located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the circumstantial report of a host driver and the report on detection of a host driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose the penalty for the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the distance of the vehicle driven by the defendant in a drinking state is about 300 meters and the accident that shocks the part of the block of apartment vehicle due to the negligence driven in a drinking state has also been caused. Considering the circumstances favorable to the defendant's recognition of the crime of this case and the fact that the defendant has no record of criminal punishment, etc., the punishment as ordered shall be determined by taking into account the following circumstances: the circumstance and motive leading up to the crime of this case; the defendant's age, character and behavior, family relation, occupation, etc., as well as all other circumstances constituting the condition for sentencing as shown in

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