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(영문) 의정부지방법원 2018.11.22 2018고정389
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 September 21, 2017, the Defendant driven a two-wheeled automobile of DCA 110B in the state of alcohol concentration of about 0.128% in a section of about 150 meters from the front of the city of Namyang-si to the front of the C apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, a rough map, an accident site photograph, a report on the detection of a violation of road traffic laws (drinking), a report on the circumstances of a driver driving on the drinking, a report on the actual condition of a driver driving on the drinking, a report on the results of the crackdown on the driving of drinking, an inquiry into the results of

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

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 under 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, and the economic situation seems to be a relatively low-contributed decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making

However, the driving of drinking is a crime that may cause damage not only to a driver's life or property and needs to be punished strictly. The blood alcohol concentration is relatively high by 0.128%, and crimes related to the same kind and traffic have been punished several times due to crimes related to the same and similar cases. The general amount of punishment in the same and similar cases is balanced, and the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime in this case, the circumstances after the crime, criminal records, family relations, economic circumstances, and other various circumstances which are the conditions for the sentencing in this case shall be determined as per the order.

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