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(영문) 의정부지방법원 고양지원 2016.04.28 2016고단44
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[criminal history] On March 27, 2013, the Defendant was sentenced to a fine of seven million won for a crime of violating the Road Traffic Act (drinking driving) in the Goyang Branch of the Jung-gu District Court on March 27, 2013. On November 13, 2014, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime in the same court, and the said judgment became final and conclusive on November 21, 2014.

[Criminal facts] On December 27, 2015, the Defendant is driving a C car under the influence of alcohol of about 13km from the 13km distance to the roads near Kimpo-si, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Kimpo-si to the roads near Kimpo-si, Kimpo-si.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Previous conviction: Application of Acts and subordinate statutes, such as inquiry, inquiry, report on investigation, and judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 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 Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, once again committed a crime of drinking alcohol during the suspension of execution due to the same crime.

However, in light of the regulatory point of view and the alcohol concentration in blood at the time, there are circumstances that can be considered in the background of the defendant's drinking driving, and the defendant is also seriously against the defendant.

Considering the above circumstances, the punishment as set forth in the Disposition shall be determined.

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