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(영문) 의정부지방법원 고양지원 2021.03.17 2020고단3400
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine not exceeding 13,000,000 (one thousand three million won).

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On January 22, 2008, the Defendant received a fine of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court, and on February 21, 2008, a fine of KRW 1 million as a crime of the same offense from the Busan District Court’s Dong Branch.

On November 24, 2020, the Defendant driven a clance car under the influence of alcohol concentration of about 0.117% in a section of about 5.7km from the 108 Do adjacent to the 108 YA to the roads adjacent to B in the same city.

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. Written statements of the defendant in court;

1. A fact-finding survey report, report on the occurrence of a traffic accident, and on-site photographs;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, an investigation report, and application of Acts and subordinate statutes attached to two summary orders;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

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.

There is no criminal history other than before the judgment of the defendant.

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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