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(영문) 의정부지방법원고양지원 2020.09.18 2020고단1369
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 August 27, 2008, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court.

【Criminal Facts】

Despite the foregoing power, the Defendant driven C-car at approximately 12 kilometers in the section from Cheongju-dong to Haju-dong from Cheongju-dong (hereinafter “Cheongju-dong”), under the influence of alcohol content of 0.051% at around 22:40 on April 28, 2020, while under the influence of alcohol content of 0.051%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's legal statement, his oral statement and his circumstantial statement reported as a result of the drinking driving control;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

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 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 circumstances favorable to the defendant, such as the fact that the defendant stated that he/she is against the charge, that he/she is not subject to a sentence, that he/she does not have been sentenced to a sentence after around 2008, that he/she disposes of the vehicle, that he/she disposes of the vehicle, and that he/she is not good in a health condition, the defendant shall be determined by taking into account the age, character and behavior, health conditions, means and result of the crime, and the circumstances after

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