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(영문) 의정부지방법원 고양지원 2020.04.09 2020고단540

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 22, 2014, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Jeju District Court.

On February 9, 2020, at around 06:30 on the road located in Gangnam-gu Seoul Metropolitan Government, at around 07:09 on the same day, the Defendant driven B Uidi A6 car under the influence of alcohol concentration of about 0.170% in the section of approximately 20km to Manpopopopopopopo-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, report on the state of the driver under the influence of alcohol, and report on the results of crackdown on drinking;

1. Application of Acts and subordinate statutes to an inquiry report (including a suspect's previous report and report), suspect's previous records, summary orders, criminal records, etc.;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, even though the defendant had a record of punishment once for a drunk driving crime, again committed the instant crime.

The defendant's blood alcohol concentration is high.

On the other hand, the defendant recognized the crime, and there is no record of crime other than the above crime record.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.