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(영문) 의정부지방법원 고양지원 2020.04.22 2020고단486

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine for negligence in KRW 6,000,000 (F1 million).

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

Reasons

Punishment of the crime

On January 10, 2012, the Defendant received a fine of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Goyang Branch of the District Court in order to obtain a fine of KRW 1 million.

On January 11, 2020, at around 00:05, the Defendant driven a DNS car from the B commercial underground parking lot to the front of the C hotel in the same city while under the influence of alcohol of 0.043% of alcohol level.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a driving under the direction of a driver, report on the status of a driver under the direction of a driver under the direction of a driver

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, etc., an inquiry report, an investigation report (Attachment to a summary order of the previous drinking driving case), and application of Acts and subordinate statutes of a 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) 6 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in the defendant's attitude to repent and reflect his mistake.

There is no criminal history other than that of the defendant's judgment.

In addition, the defendant's age, character and conduct, environment, motive and background leading to the crime, degree of drinking, circumstances before and after the crime, etc. shall be determined by taking comprehensive account of various circumstances shown in the arguments in this case.