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(영문) 의정부지방법원 고양지원 2020.01.22 2019고정972

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 September 13, 2016, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Seoul Southern District Court.

Nevertheless, at around 22:10 on August 24, 2019, the Defendant driven a rocketing car while under the influence of alcohol leveling 0.157% of the 0.157% of the blood alcohol level in front of the “C” parking lot located in Goyang-dong, Yongsan-gu B.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Records before judgment: Application of the inquiry report on criminal records, etc. and the summary order (Seoul Southern District Court Decision 2016 High Court Decision 2015 High Court Decision 12436) and one summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;