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(영문) 의정부지방법원 고양지원 2016.10.11 2016고단1747

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On July 30, 2010, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act, and a summary order of KRW 2 million for the same crime in the same court on July 21, 201.

On June 8, 2016, around 00:25, the Defendant driven CK 7 cars at a distance of about 500 meters from the same lot from the front day of Mangdong-dong, Mangdong-gu to the front road of the department store, while under the influence of alcohol by 0.145% in blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Each previous record indicated in the blood alcohol appraisal report and the report on detection of a drinking driver;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a summary order of the same attached power);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

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

1. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines of five million won and 10 million won; and

2. Whether the sentencing criteria are applied: It is a crime or a fine case for which the sentencing criteria are not set.

3. A fine of ten million won imposed for a sentence (the details and result of the crime, drinking water, criminal records in the same kind, age, character, conduct, status, etc. of the defendant);