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(영문) 의정부지방법원 고양지원 2015.07.17 2015고단1268

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 17, 2008, the defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and KRW 3 million as a fine for a violation of the Road Traffic Act in the same court on May 3, 2010.

On March 19, 2015, at around 23:25, the Defendant driven a B Tra XG car in the state of alcohol alcohol concentration of approximately 0.076% from the section of about 10km from the front of the restaurant in which it is impossible to know the trade name in the Goyang-gu, Soyang-gu, Goyang-gu, Goyang-si to the front of the wall No. 226-2 located in the same Gu.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (including attachment of a summary order with the same type of power and accompanying documents);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the instant alcohol and mileage, the time gap with the immediately preceding detection of the crime, the circumstances leading up to the crime, the age, occupation, family relationship of the Defendant, and all other sentencing conditions were comprehensively considered.