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(영문) 의정부지방법원 2021.01.26 2020고단4896
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On June 3, 2010, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating road traffic laws at the Jung-gu District Court on the following grounds: (a) on January 29, 2009, the Defendant was notified of a summary order of KRW 1.5 million for the same crime in the same court; and (b) on November 23, 2009, the Defendant was notified of a summary order of KRW 2.5 million for the same crime in the same court.

On August 18, 2020, the Defendant driven a passenger car with approximately 100 meters alcohol concentration of about 0.111% from the cafeteria parking lot located in Gyeonggi-si B to the front road of D apartment at the same city from August 18, 2020.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, investigation report (report on the circumstances of the driver at home), and inquiry into the results of regulating the driving of drinking;

1. (A) an inquiry letter, such as criminal history, the personal accommodation status, and the application of Acts and subordinate statutes confirming the history of drinking driving;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning 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 of Article 334(1) of the Criminal Procedure Act, including the past record of the suspended sentence, committed the instant crime again even though the Defendant had been previous convictions in several times.

The alcohol concentration of the defendant's blood was considerably high.

The prosecution did not prosecute the defendant as a repeated crime, but seems to be a crime during the period of repeated crime.

However, considering the fact that the defendant did not repeat a crime due to drinking for about 10 years, the fact that the defendant seems to have recognized and reflected his mistake, the fact that the defendant is a repeated crime, the defendant's age, sex and environment, motive, means and consequence of the crime, etc., the conditions of sentencing specified in the arguments in this case, such as the circumstances after the crime.

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