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(영문) 의정부지방법원 고양지원 2020.06.12 2020고단927

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] The Defendant stated a fine of KRW 2 million in the bill of indictment for a violation of the Road Traffic Act as the case of a violation of the Road Traffic Act (driving on a sound driving) in the Goyang Branch of the Jung-gu District Court on February 22, 2018; however, the Defendant appears to be a clerical error in the “two million won” and thus, the Defendant corrected and stated it.

(31,34 pages) A summary order was issued.

【Criminal Facts】

At around 03:27 March 2, 2020, the Defendant driven D Ecoo motor vehicle while under the influence of alcohol content of about 0.054% in approximately 10 meters from the Do in front of C at the same location.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Previous records of judgment: Criminal records, inquiry reports, one copy of summary order, application of Acts and subordinate statutes of two copies of judgment;

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 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 was punished for driving a motor vehicle under influence, and the Defendant’s liability for the crime is not minor.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant states that all the facts charged are recognized and against the defendant, that the defendant is not subject to a sentence, that the distance of driving is shorter, that the defendant has received relevant education, and that he/she must support his/her spouse and children, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, character and conduct, health conditions, means and results of the crime, and the circumstances after the crime, etc.