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(영문) 의정부지방법원 고양지원 2020.04.02 2019고정952

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

[criminal power] On September 21, 2015, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 21, 2015.

【Criminal Facts】

At around 03:05 on September 11, 2019, the Defendant driven a BNS car while under the influence of alcohol 0.280% in the 10-meter section of the road located on the 283-5 Mari-ri-ri-ri, Mari-ri-ri, the Defendant driven a BNS car while under the influence of alcohol 0.280%;

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual situation, report on the occurrence of a traffic accident, report on the actual state of a driver of a driving school, and report on the results of the drinking control;

1. Previous convictions indicated in the judgment: Criminal history records, attachment of a summary order, and a copy of a summary order issued at the appellate court of the Speaker's District Court concerning the suspect, and application of one copy of a summary order issued at the appellate court of the Speaker's District Court;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant has again committed another crime despite the previous crime of drunk driving.

Although blood alcohol concentration of 0.280% high, the crime of this case was committed even though it was committed.

The defendant had a risk of causing additional damage, such as leaving a road while drunk driving and entering a swimming pool.

The advantageous length: The distance is relatively short.

Some of the motives can be taken into account, such as the smooth flow of surrounding roads.

The defendant is against his own crime.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, the circumstances after the crime was committed, etc. shall be determined as ordered in consideration of the various sentencing conditions shown in the arguments in this case.

【Request for a Summary Order by Prosecutor (15 million won).