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(영문) 의정부지방법원고양지원 2020.12.09 2020고단2803

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

The Defendant received each summary order of a fine of KRW 1 million on January 10, 2007, and a fine of KRW 2 million on December 14, 2009, as a crime of violation of the Road Traffic Act, in the Goyang Branch of the District Court. < Amended by Act No. 9813, Dec. 14, 2009>

Around 22:10 on October 20, 2020, the Defendant driven a D K7 car while under the influence of alcohol content of about 0.061% from a section of about 400 meters, up to the road front of the drinking felb B in Pakistan, to the same road C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the circumstances of a drinking driver, the results of crackdown on drinking driving, and the statement of the next-class steering committee;

1. Previous records of judgment: Application of each Act or subordinate statute entered in two copies of the statement of criminal records, reply and summary order;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 provisional payment order, even though there are two cases of records that the defendant was punished for drunk driving, further, he/she drives under influence

However, the drinking level of the instant crime is relatively low and the distance of drinking driving is short.

The defendant has been punished for a drunk driving, and the defendant has no other criminal record for at least ten years.

The defendant shows that he will not dispose of the vehicle and will not repeat the crime.

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

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