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(영문) 의정부지방법원 2017.10.19 2017고정1872
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

The Defendant is a person driving a Category C New EF small passenger car owned by B.

On June 18, 2017, the Defendant turned about about about 10 meters alcohol content to 0.206% in blood in order to park on the front of the E-cafeteria located in Macheon-si. D.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, on-site drug map, survey report on actual condition, site photographs of the accident, circumstantial statement report of the driver in charge of driving, and notification of the results of regulating drinking driving;

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

1. Relevant Article 148-2 (2) 1 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 as follows: (a) the Defendant recognized the criminal facts of this case and reflects his mistake; and (b) the driving distance is relatively short, etc., which are favorable to the Defendant.

On the other hand, the driving of drinking is a crime that may cause damage to life and property of an individual as well as a driver, and is in need of strict punishment. In fact, the danger of drinking is realized due to traffic accidents, the alcohol concentration in blood is relatively higher than 0.206%, the crime of this kind has the history of being punished several times due to the crime of this case, the balance of general punishments in the same and similar cases, and the defendant's age, sex, behavior, intelligence and environment, motive, means and consequence of the crime of this case, the circumstances after the crime of this case, criminal records, family relations, economic circumstances, and other various circumstances, which are the conditions for the sentencing of this case, shall be determined as ordered.

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