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(영문) 의정부지방법원 2017.10.26 2017고정2028
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000 (O million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On November 21, 2016, around 15:50 on 15:50, the Defendant driven a B B B B-S taxi while under the influence of alcohol content of about 0.161% from the blood alcohol content at approximately 500 meters from the same Do to the same Do-ro 114, the same Do-ro Do-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of crackdown on drinking driving and the application of Acts and subordinate statutes to the regulations on drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act reveals, instead, that the Defendant took the attitude to mislead himself/herself and reflect his/her wrongness, and on the ground that it is difficult for him/her to do so, he/she appeals to reduce the amount of the fine for summary order (50 million won) on the ground of difficult family circumstances.

However, in light of the fact that the defendant of the taxi driver was involved in the traffic accident while driving the taxi in the condition of 0.161% alcohol concentration in blood at 4 o'clocks.

As traffic accidents caused by drinking driving do not decrease, social requests are strong to strengthen punishment for drinking driving.

The defendant has been punished twice as a crime of violating the Road Traffic Act.

In addition, the defendant's age, sex, environment, method and mode of committing a crime, circumstances before and after committing a crime, etc. shall be determined by the same punishment as a summary order, comprehensively taking into account the various circumstances shown in the arguments in this case.

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