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(영문) 의정부지방법원 고양지원 2021.03.31 2021고단83
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000 (one million).

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

Reasons

Punishment of the crime

On March 31, 2017, the Defendant received a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) in the Goyang Branch of the District Court on March 31, 2017.

On January 4, 2021, the Defendant driven a DK7 car under the influence of alcohol leveling of about 0.05% in the 8km section from the Do near B apartment in Yongsan-gu, Goyang-si to the front road in the front of the dwelling of the Defendant located in the Dong-gu, Goyang-si.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the driving of the driver at home, the statement on the circumstances of the driver at home, and the investigation report (the circumstantial report on the driver at home);

1. Checking the driving distance of the suspect who has notified the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of the same Act and subordinate statutes;

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 in the order of provisional payment is that the defendant is divided into his mistake, and in any case, he does not drive drinking in the future.

Defendant has no criminal records of suspended sentence of imprisonment without prison labor or heavier punishment.

Other punishment shall be determined by comprehensively taking into account various circumstances shown in pleadings, such as the defendant's age, sex, environment, motive and background leading to the crime, degree of alcohol during blood, and circumstances before and after the crime.

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