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(영문) 의정부지방법원 고양지원 2020.06.10 2020고단1147

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 3, 2016, the Defendant received a summary order of KRW 1,500,000 from the Seoul Southern District Court as a crime of violation of the Road Traffic Act.

On March 24, 2020, at least 00:55, the Defendant, at the front of the “C” road located in Yeongdeungpo-gu Seoul Metropolitan Government, pursuant to Article 44(1) of the Road Traffic Act, was in violation of Article 44(2) of the Road Traffic Act by driving a F-Appurted vehicle with a blood alcohol concentration of about 0.061% under the influence of alcohol on the front road of the “E” located in Gyeyang-gu Incheon Gyeyang-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, and entry into the following inquiries;

1. Previous records of judgment: Application of Acts and subordinate statutes described in criminal records, inquiry reports, investigation reports, and investigation reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Korea Criminal Procedure Act, even though the defendant had a record of being punished for drunk driving, and the distance from driving under the influence of alcohol is also visible.

However, the drinking level of the instant crime is not so high, and four years have passed since the Defendant was punished for drinking driving, and the Defendant appears to be against the Defendant’s disposal of the vehicle and not to repeat the crime.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per Disposition.

It is so decided as per Disposition for the above reasons.