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(영문) 의정부지방법원 2020.09.08 2020고정1189
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

At around 03:10 on June 14, 2020, the Defendant driven a e-mail tank with a alcohol level of about 30 meters from the front of the East Sea Bridge to the front road of the “D” located in the same city C, with a blood alcohol level of about 0.073%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Reporting on detection of a violation of the Road Traffic Act;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act and Articles 148-2 (3) 3 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) include: (a) the Defendant recognized the facts charged in the instant case; (b) the Defendant’s distance at which the Defendant driven under the influence of alcohol is relatively short; and (c) the Defendant is an initial offender without any previous conviction, etc.

However, considering the fact that drinking driving is a crime threatening to the life and body of himself/herself and others, there is a need to strictize considering the social danger and harm, and the fact that blood alcohol level at the time of the crime of this case is not lower than 0.073%, it is deemed that the punishment of a summary order against the defendant is not excessive.

In addition, in comprehensive consideration of the defendant's age, occupation, character and conduct, environment, family relationship, circumstances after the crime, etc. and all the sentencing conditions specified in the records and pleadings of this case, the punishment shall be determined as ordered.

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