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(영문) 의정부지방법원 2017.06.22 2017고정865
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 April 6, 2017, the Defendant driven a B rocketing car with alcohol level of about 0.170% in the direction of alcohol level of about 5km from the front Do to the front 6 km road located in the east of Macheon-si located in the Do in the front of the Do in Macheon-si.

Summary of Evidence

1. A protocol concerning the examination of the suspect against the defendant;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the fact that the defendant recognized the criminal facts of this case and reflected his mistake is recognized as favorable circumstances to the defendant.

However, the driving of drinking is a serious crime that may endanger the life and body of himself/herself and other persons and needs to be punished strictly; the alcohol concentration in blood is relatively high by 0.170%; the same crime has history of having been punished several times due to the same and similar crimes; the balance of general criminal punishment in cases of the same and similar kind; and the defendant's age, sex behavior, intelligence and environment; the motive, background, means and consequence of the crime in this case; the circumstances after the crime was committed, criminal records, family relations, and economic circumstances; and all other circumstances constituting the conditions for the sentencing in this case shall be determined as per the disposition.

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