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(영문) 의정부지방법원 2018.11.22 2018고정1299
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 August 16, 2018, the Defendant driven a B-learning car under the influence of alcohol content of about 0.126% at a distance of about 1km to the front road of the line elementary school located in the Do located in the Do of Macheon-si from the front of the three main cities in the Do to the front road of the line elementary school located in the Do of Macheon-si. In short, the Defendant driven a B-learning car under the influence of alcohol content of about 0.126%.

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. 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. It is recognized that the reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes the Defendant’s mistake and reflects it.

However, drinking driving is highly likely to cause a traffic accident, and the defendant has been punished for drinking twice in the past.

In addition, the punishment shall be determined by comprehensively taking into account the details of the instant crime and the circumstances before and after the crime, the age, sex, environment, etc. of the accused.

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