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(영문) 의정부지방법원 2019.01.17 2018고정1597
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 15, 2018, at around 20:50, the Defendant driven an E-tra motor vehicle under the influence of alcohol content of about 0.20% from the 20m section of blood alcohol to the front road of the same city, starting from the cmatet in the Southern-si B, Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, report on the scene of an accident, photograph and map of medicine, report on the situation of a drinking driver, inquiry into the results of drinking control, inquiry into the fact of drinking driving, consent to blood collection and written confirmation, and an appraisal report on blood alcohol;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is examined as follows: (a) the defendant recognizes the criminal facts of this case and reflects his mistake; (b) the defendant has dependents of the defendant; and (c) the economic situation seems to be sufficient; and (d) the fact that there is no history of criminal punishment is recognized as a favorable circumstance for the defendant.

On the other hand, however, a drunk driving 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 to 0.206%, and the risk of a drunk driving seems to have occurred due to the reality of the risk of a drunk driving. The occurrence of a traffic accident is determined as ordered by taking into account the following factors: the defendant's age, character and behavior, intelligence and environment as shown in the arguments in the instant case, balance with the ordinary sentencing in the same and similar cases, as well as the motive, background, means and consequence of the instant crime, circumstances after the crime, criminal records, family relations, economic circumstances, etc.

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