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(영문) 의정부지방법원 고양지원 2020.04.10 2020고정53
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 10, 2019, at around 03:19, the Defendant driven CM5 car under the influence of alcohol concentration of 0.082% in the three-meter section of the front road of the PPP at the PPP at around 03:19.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

1. Articles 53 and 55 (1) 3 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. In light of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is likely to cause a serious accident, the defendant's liability for the crime is not somewhat weak.

However, considering the fact that the defendant stated that he/she is against the facts charged, and the distance of drinking driving is considerably short, the defendant's age, character and behavior, health status, family relationship, means and results of the crime, etc., the punishment as ordered shall be determined by taking into account various sentencing conditions shown in the arguments of this case, such as the defendant's age, character and health, health status

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