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(영문) 의정부지방법원 고양지원 2014.01.23 2013고정1930
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 16, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Busan District Court’s Busan District Court’s Branch on February 16, 2007. On June 27, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Busan District Court’s Branch Branch on Incheon District Court’s Branch on May 15, 2009, and was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving).

On December 1, 2013, around 10:25, the Defendant driven BM5 vehicle under the influence of alcohol concentration of about 0.067% from the 3km section from the front day of the Goyang-gu Goyang-dong, Seoyang-gu, Seoyang-si to the front day of the same CM5 vehicle located in the CM5 vehicle from the front day of the Chyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu to the front day of the Chyang-gu, Seoul.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the circumstances of the driving of a motor vehicle;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the selection of fines;

1. Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant thought that he/she was aware that he/she had driven after drinking alcohol in the preceding day and drinking for a considerable time, and that he/she seems to have driven the crime in this case; taking into account the fact that he/she is closely reflecting

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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