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(영문) 의정부지방법원 2018.11.08 2018고정1294
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 June 22, 2018, at around 02:17, the Defendant driven a b bargaining motor vehicle under the influence of alcohol concentration of about 0.135% in a section of about 5km from the front of the agricultural parking lot located in Gangwon-gu, Gangwon-gu, Seoul Special Metropolitan City to the front of the 3707-12 Sincheon-gu, Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, intensity at the scene of the accident, report on a traffic accident, field photograph, photograph, site, notification of the results of crackdown on the driving of drinking, inquiry into the results of crackdown on the driving of drinking, report on the situation of the driver under driving, investigation report, report on the driver under the circumstances of the driver under the influence of drinking, ledger of driver's license, and making a tea inquiry;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the defendant is aware of the criminal facts of this case and reflects his mistake; (b) the defendant, who was engaged in the truck transport business of this case, appears to have experienced difficulties in his livelihood due to the cancellation of the driver's license of this case; and (c) the fact that there is no history of criminal punishment, etc. are recognized as favorable to the defendant

However, the driving of drinking is a crime that may cause damage not only to a driver himself/herself but also to life or property and needs to be punished strictly. The alcohol concentration in blood is relatively high by 0.135%, and the risk of driving of drinking seems to be realized, and traffic accidents occur due to the realization of the risk of driving of drinking, and the balance between the general punishments in the same and similar cases, and the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime in this case, and the circumstances, criminal records, family relations, economic circumstances, etc. after the crime in this case.

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