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(영문) 의정부지방법원 고양지원 2020.07.24 2020고정349
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

[Criminal Power] On June 29, 2018, the Defendant received a summary order of a fine of KRW 3 million from the Seoul Western District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 11, 2020, around 07:34, the Defendant driven a D-hurd-hurd-hurd-purd-purd-purd-purd-purg-purg-purg-purg-purg-purg-gu, Goyangdong-gu, Goyangdong-si, from around 30km to the front road of the C-Wed

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. For the accused's legal statement, statement, control of drinking driving, reporting on the state of his/her drinking driver, reporting on the state of his/her drinking driver, and previous records of his/her criminal investigation: The application of Acts and subordinate statutes attached to the summary order with regard to the suspect-related driving records;

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 of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant crime is the case where the Defendant re-driving a motor vehicle, despite the fact that the Defendant was punished for driving a motor vehicle under influence, and the Defendant’s liability for the crime is not minor.

However, considering the fact that the Defendant stated that the charges are recognized and against the Defendant, that the Defendant does not have to be sentenced to punishment, and that there are circumstances that may be considered in the course of the crime, etc. in favor of the Defendant, the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, health conditions, means and results of the crime, and the circumstances after the crime.

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