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(영문) 의정부지방법원 고양지원 2020.06.26 2020고정252

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

[Criminal Power] On August 4, 2017, the Defendant was sentenced to suspension of indictment for a violation of the Road Traffic Act at the Goyang District Prosecutors' Office at the Goyang District Prosecutors' Office.

【Criminal Facts】

On December 4, 2019, around 23:36, the Defendant driven a E-car under the influence of alcohol at approximately 3.6 km section from the front road of Yongsan-gu, Mangsan-si to the front road of the “D” located in the same Sinsan-dong C.

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

Summary of Evidence

1. Legal statement of the defendant, the report on the state of his oral statement, and the site photograph of the notification of the result of the drinking driving control;

1. Previous convictions in judgment: Application of one copy of a written verdict of non-prosecution (No. 2017-type and No. 28275) to criminal records, etc. inquiry reports and Goyang-si Office;

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 on the ground of sentencing of the instant crime is the case where the Defendant re-driving a motor vehicle, despite the fact that the Defendant had a record of being sentenced to suspension of indictment due to a drunk driving, and the Defendant’s liability for the crime

However, the Defendant stated that the facts charged are recognized and against the Defendant, scrapped vehicles, and the fact that there is no particular criminal record other than the disposition of suspending indictment, etc. shall be considered as favorable to the Defendant. In addition, considering the Defendant’s age, character and conduct, health conditions, means and consequence of the crime, the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the various sentencing conditions indicated