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(영문) 의정부지방법원 2018.06.28 2018고정862
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 April 3, 2018, the Defendant driven a B-hand car under the influence of alcohol content of about 0.176% in approximately 200 meters from the 1922-ro Don-ro Don-ro Don-si from the restaurant front of the restaurant that does not know the trade name in the Seoyang-do-si, Namyang-si around 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection, report on the circumstances of the driver driving a driving a driver, report on investigation (report on the circumstances of the driver driving a driving a driver), and inquiry into the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquiries about foreign crimes and criminal investigation records;

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 reflects his mistake, the defendant is dependent on the defendant, and the economic situation seems to have not been followed by the judicial decision for the last half of the year following the last half of the year, are recognized as the 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 blood alcohol concentration is relatively high by 0.176%, and there have been several records of having been punished as a crime of this kind. The general punishment in the same and similar cases is balanced, and the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime of this case, circumstances after the crime of this case, criminal records, family relations, economic circumstances, and other various circumstances that are conditions for the sentencing of this case shall be determined as per the disposition of this case.

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