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(영문) 의정부지방법원 2019.02.14 2019고정30
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

Around 05:10 on August 28, 2018, the Defendant driven a Cro-car with alcohol content of about 0.181% while under the influence of alcohol at approximately 100 meters from the 100-meter section from the parking lot located within the city B to the road outside the same city B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, inquiry into the results of the control of drinking driving, notification of the results of the control of drinking driving, field photographs, consent to blood collection and confirmation, report on the appraisal of state and water, and written appraisal;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, the defendant recognizes the criminal facts of this case and reflects his mistake, and the fact that the defendant has no record of criminal punishment, etc. are recognized as favorable to the defendant.

However, a drunk driving is a crime that may cause damage not only to a driver's life or property and needs to be punished strictly. The blood alcohol concentration in the same or similar case is relatively high by 0.181%, and the defendant's age, character and behavior, intelligence and environment, motive, circumstance, means and consequence of the instant crime, criminal records, family relations, economic circumstances, etc., which are the conditions for the sentencing of the instant case, shall be determined in full view of various circumstances, including the defendant's age, character and behavior, character and character, intelligence and environment, and the motive, circumstance, means and consequence of the instant crime, criminal records, family relations, and other economic circumstances.

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