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(영문) 의정부지방법원 2020.11.26 2020고단4318

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

The defendant, at his district court on December 16, 2008, has been sentenced to a fine of 1.5 million won for the crime of violation of the Road Traffic Act at a district court on December 16, 2008, and the same records are excluded from the same kind of criminal records once before June 1, 2006.

On July 10, 2020, at around 02:51, the Defendant driven Cworka car at approximately 3 meters while under the influence of alcohol level of 0.141% on the front of the Namyang-ju B.

Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the direction of the driver under the direction of the driver under the direction of the driver;

1. Notification of the results of drinking control;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of suspect's same kind of power, etc.), application of statutes on judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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 of the provisional payment order has the record of having been punished for a drunk driving as stated in its reasoning, and the crime of this case was committed again even though the defendant had been in the period of probation due to a dual criminal act, and the fact that blood alcohol concentration is high is disadvantageous to the defendant

On the other hand, the defendant seems to have the attitude of recognizing and opposing the crime of this case, the distance of drinking driving is only three meters, the suspension of execution is caused by the crime of this kind, and the last punishment power of drinking driving is 2008, in favor of the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.