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(영문) 의정부지방법원 2021.01.13 2020고단5610
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 20, 2010, the Defendant was notified of a summary order of a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) at the District Court of the Republic of Korea.

On October 14, 2020, the Defendant driven an E QM6 vehicle under the influence of alcohol 0.126% in alcohol while under the influence of alcohol 0.126% in the metropolitan roads from the C Sari and the parking lot in Yangju City B to the three roads in Yangju City.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

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 situations of the driver at home), and investigation report (the time when the driver at home commences);

1. (A) The application of an inquiry letter, such as criminal history, and Acts and subordinate statutes confirming driving skills;

1. Relevant Article of the Act and Articles 148-2 (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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is that the Defendant committed the instant crime even though he had the record of being punished due to drinking driving.

On the other hand, if the defendant was punished as a crime of violating the Road Traffic Act, it has passed at least 10 years from the case as of around 2010, and there is no other penalty force, it shall be selected by a fine in consideration of the fact that there is no other punishment force.

In addition, the age, character and conduct, family relations, motive and means of the crime, circumstances after the crime, etc. of this case and the various conditions of sentencing as shown in the pleading shall be comprehensively considered, and the punishment shall be determined as ordered.

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