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(영문) 의정부지방법원 2019.03.27 2018고단4396

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 17, 2018, around 23:31, 2018, the Defendant driven a DCo-sports cargo vehicle under the influence of alcohol concentration of about 0.130% in the section of about 5km from the Myeonc-dong, Jung-gu, Seoul to the front of C in Guri-si B.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Application of Acts and subordinate statutes to the 112 Reporting Case Handling Reports (Violation of the Road Traffic Act), reports on the circumstantial statements of a drinking driver, notification on the results of the control of drunk driving, investigation reports (report on the circumstances of a drinking driver), internal investigation reports, and the 112 Reporting Report;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

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

1. The scope of applicable sentences under law: Fines of three million won to five million won;

2. The sentencing criteria for the crimes of violating the Road Traffic Act are not set.

3. On July 13, 2010, the Defendant, who was sentenced to a fine of KRW 3 million at the Seoul Northern District Court, committed the instant crime. In addition, the Defendant committed the instant crime.

However, when the Defendant came to this court, the Defendant appears to be against the Defendant by recognizing all of his own crimes, and the crime of violating the former Road Traffic Act (driving) is a crime before about 8 years from the instant case, and the Defendant is favorable to the Defendant that there was no other punishment than the above criminal records.

In addition, in comprehensive consideration of the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, the prosecution's old punishment (a fine of three million won), and various sentencing conditions shown in the records and arguments of the defendant, the punishment shall be determined as per the order.