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(영문) 의정부지방법원 2017.06.01 2017고정673
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

On October 13, 2016, the Defendant driven a B-to-pur motor vehicle under the influence of alcohol leveling 0.189% from approximately 20 meters from the 20m section of alcohol level to the 62nd road of the same Sistropo road from the luminous mid-term road in Guri-si, Siri-si, Siri-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of alcohol, a statement of the circumstances of the driver of the drinking alcohol, and a report on the situation of the driver;

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

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 reasons for sentencing of Article 334(1) of the Criminal Procedure Act, and the fact that the defendant recognized the criminal facts of this case and reflecteds his mistake, and that the economic situation seems to have not been made due to the last separate detention, etc., are recognized as favorable circumstances to the defendant.

However, in light of the contents and methods of the crime, etc., the crime of this case is not less than that of the crime; the concentration of alcohol in blood is relatively higher than 0.189%; the crime of this case has the history of having been punished several times due to the crime of this kind; the balance of the general amounts of punishment in the same and similar cases; the defendant's age, sex behavior, intelligence and environment; the motive, background, means and consequence of the crime of this case; the motive, consequence, means and consequence of the crime of this case; the circumstances after the crime of this case; criminal records; family relations; and other various circumstances constituting the conditions for the punishment of this case, including economic circumstances, shall be determined as per the disposition.

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