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(영문) 의정부지방법원 2018.01.11 2017고정2488
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 November 4, 2017, the Defendant driven a B Spo-type car under the influence of alcohol level of about 0.105% at around 400 meters before the Hano Samsung Samsung Motor Vehicle Maintenance Center located in the Dong-dong of Sincheon-si around 21:31, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. A written reply to an inquiry, such as criminal history, [the period between the time when the defendant last driven and the time when the alcohol concentration was measured during blood is about about 10 minutes, and the period during which alcohol concentration was increased in the blood at the time of domestic affairs;

Even if the defendant is found to have driven under the influence of alcohol 0.105% in blood, he/she can fully recognize the fact that he/she drives under the influence of alcohol.

Application of Statutes

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.

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, the fact that there is the history of punishment for the same and similar crimes, the balance of the general amounts of punishment in the same and similar cases, and other various circumstances, including the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime in this case, circumstances after the crime, criminal records, family relations, economic circumstances, etc., which are the conditions for the sentencing in this case, shall be determined as per the disposition.

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