logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.04.26 2018고정534
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 September 24, 2017, from around 21:55 to 23:40, the Defendant driven a 1 km B QM5 car in front of the “Woman Ba,” located in the new grain elementary school located in the Sil Government-dong 383-5, the Government-dong 383-5, in the vicinity of the Sil Government-dong, in the state of alcohol alcohol content of blood 0.139%.

Summary of Evidence

1. Statement by the defendant in court;

1. To inquire about the criminal place, C’s written statement, a report on the state of driving, an investigation report, a statement on the state of the driver at the State, an investigation report (report on the state of the driver at the State), and the result of regulating drinking driving;

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 examined, and the fact that the defendant recognized the criminal facts of this case and reflects his mistake, and that there is no record 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 blood alcohol concentration is relatively high by 0.139%. The crime of this case is subject to a fine of not less than 3 million won but not more than 5 million won when chosen a fine. The general amount of punishment in the same and similar cases is balanced, and the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime of this case, the circumstances after the crime, criminal records, family relations, and economic circumstances, and other various circumstances that are the conditions for the sentencing of this case shall be determined as per the Disposition.

arrow