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(영문) 의정부지방법원 고양지원 2020.06.11 2020고단783
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On July 30, 2010, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court.

【Criminal Facts】

On December 29, 2019, around 05:04, the Defendant driven an E Car while under the influence of alcohol of about 0.064% of alcohol level from the front of the “Crata” road located in Mapo-gu Seoul Metropolitan Government, to the front of the Seoul Mapo-gu D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the circumstances of the driver involved in driving, making an investigation report, and making inquiry about the results of crackdown on drinking driving;

1. Reporting on criminal investigations (Attachment to judgment, etc.) and application of statutes concerning criminal records;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) 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 Article 334(1) of the provisional payment order, despite the fact that the defendant had been punished once as a crime of drunk driving, again committed a crime of drunk driving.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

The defendant does not drive a drinking immediately after drinking, but driving a drinking by drinking after drinking it.

The defendant's influence of drinking driving is 10 years prior to 10 years.

This is favorable to the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.

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