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(영문) 의정부지방법원 2018.08.21 2018고단2350
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 28, 2018, at around 20:49, the Defendant driven a DNA cargo vehicle under the influence of alcohol content of about 0.065% in blood from a section of about 900 meters from the Round of the apartment building B in Namyang-si to the front of C in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act and the selection of fines concerning 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 of the Criminal Procedure Act is that the defendant has a criminal record of drinking, one time before drinking, or one time before refusing to measure drinking, and that the criminal record of drinking is a suspended sentence.

In addition, during the suspension period due to interference with the execution of official duties, the drinking of this case was driven.

However, while blood alcohol concentration is not relatively high 0.065%, it is limited to about 900 meters from the driving distance of alcohol, the circumstances leading to the driving of alcohol, the violation of the instant crime, and the crime during the period of suspension of execution, the punishment shall be determined by a fine in consideration of the fact that it is a suspended execution of this kind.

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