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(영문) 의정부지방법원 2021.01.13 2020고단5615
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 13, 2009, the Defendant issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act, and a fine of KRW 1.5 million as a same crime in the same court on February 1, 2008.

On September 26, 2020, the Defendant driven a Dsch Rexton car about 180 meters while under the influence of alcohol concentration of 0.065% from the Do in front of the Southern-si, Chungcheongnam-si to the front of the Nam-si, Namyang-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at the home, investigation report (report on the circumstances of the driver at home) and the situation of the driver at home;

1. (A) the application of an inquiry letter, such as criminal history, and a report on investigation (verification of the same record as the suspect, etc.);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime in light of the fact that: (a) even though there was a history of being punished as a crime of violating traffic laws around 2008 and around 2009, the Defendant committed the instant crime.

However, at the time of the instant case, the alcohol content of the Defendant’s blood was 0.065% and the last penalty record and the amount of 11 years’ worth or elapsed between the instant case and the Defendant’s blood will be selected by a fine.

In addition, the age, character and conduct, family relations, motive and means of the crime, circumstances after the crime, etc. of this case and the various conditions of sentencing as shown in the pleading shall be comprehensively considered, and the punishment shall be determined as ordered.

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