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(영문) 의정부지방법원 2018.03.29 2018고정201
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On July 20, 2017, the Defendant driven around 09:30, a volume C 1 km up to the road front of the ground oil station in front of the Dongbcheon-si Stack apartment at the same time, while under the influence of alcohol content of 0.066% during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions, a report on occurrence, a statement on the circumstances of a driver of a drinking driving, and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 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 reasoning for sentencing of Article 334(1) of the Criminal Procedure Act is as follows: (a) the Defendant recognized the criminal facts of the instant case and reflected his mistake; (b) the Defendant’s blood alcohol concentration was relatively high; (c) the Defendant was a disabled person of class 1 with hearing disability and was a recipient of basic living benefits; and (d) the economic situation appears to have not been determined by the judicial decision for the judicial decision for the first time, which is favorable to the Defendant.

On the other hand, the driving of drinking is a crime that may cause damage not only to the driver's life or property and needs to be punished strictly. It has the records of having been punished several times due to the same and similar crimes. The general amount of punishment in the same and similar cases is balanced, and other various circumstances, including the defendant's age, sex, intelligence and environment, motive, circumstance, means and consequence of the crime in this case, the circumstances after the crime, criminal records, family relations, economic circumstances, etc., which are the conditions for the punishment in this case, shall be determined as per the disposition.

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