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(영문) 의정부지방법원 2018.04.19 2018고정422
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 8, 2017, the Defendant driven BM5 vehicle under the influence of alcohol 0.183% while under the influence of alcohol 0.183% in a section of about 3 km from the top-dong (hereinafter referred to as the “head-dong”) to the south-si (hereinafter referred to as the “SM5 vehicle”) around 23:50 on November 8, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic report, a traffic accident report, a report on the occurrence of a traffic accident, a report on the situation of the driving at home, a report on the situation of the driver at home, an inquiry about the results of crackdown on drinking driving, a photograph of detection, an accident report, and a written statement prepared in C;

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 rationale for sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that the Defendant recognized the criminal facts of this case and reflects his mistake, and that the Defendant’s economic situation seems to have failed to comply with the impeachment decision, etc., are recognized as normal circumstances 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 his/her life or property and needs to be punished strictly. The alcohol concentration in blood is relatively high 0.183%, the risk of driving of drinking is realized, and the occurrence of traffic accidents occurs due to the occurrence of danger of being punished for the same kind of crime, the general amount of punishment in the same and similar cases, the balance of the general amounts of punishment in the present case, and the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the instant crime, the circumstances after the instant crime, criminal records, family relations, and economic circumstances, and other various circumstances that are the conditions for the sentencing of the instant case shall be determined as ordered by the order.

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