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(영문) 의정부지방법원 고양지원 2016.07.07 2016고단290
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

The Defendant was issued a summary order of KRW 1 million for a crime of violation of road traffic law in support of Sungnam-gu Office of Friwon on February 1, 2008. On September 17, 2014, the Seoul Central District Court sentenced imprisonment with prison labor for the same crime, etc. on September 17, 2014, and sentenced to imprisonment with prison labor for ten months and two years of suspended execution on September 25, 2014, which became final and conclusive on September 25, 2014.

Criminal facts

Although the Defendant had driven a motor vehicle under the influence of alcohol twice through the foregoing, the Defendant was driving a D-wing truck at a section of about 100 meters from the front of the apartment commercial building in the middle of the apartment building and from the road of the same Eup/Myeon to the road of the same Eup/Myeon under the influence of alcohol level of 0.09% under the influence of alcohol level from around 21:52 on January 5, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Before ruling a legal and chemical appraisal report;

1. Written inquiry about criminal history, etc.;

1. Application of the Acts and subordinate statutes to report on investigation (the attachment of criminal records and written judgments);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (excluding punishment) 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. Sentencing specified in Article 334(1) of the Criminal Procedure Act

1. Scope of punishment by law: 5 million won and 10 million won;

2. Whether the sentencing criteria are applied: Offenses or fines for which the sentencing criteria are not set small and the sentencing criteria are not set.

3. Determination of sentence: The sentence of a fine shall be imposed strictly in light of the previous convictions and relationships, including the previous convictions of a fine of ten million won, but when considering all the circumstances that were present at the public trial of this case, such as the fact that there is a family member to support the defendant, the defendant is making efforts to treat alcohol addiction, and that all the decisions do not remain long, the period of suspension of execution expires, the sentence of a sentence to the defendant is somewhat excessive, and thus, the sentence of a fine, such as the written judgment, shall be imposed.

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