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(영문) 의정부지방법원 2019.11.22 2019고단4438
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On December 2, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Jung-gu District Court.

On August 2, 2019, at around 19:30 on August 2, 2019, the Defendant driven a DNA car with a blood alcohol concentration of about 0.104% from the 19k section of approximately 19km to the roads in front of the Pocheon-si, Pocheon-si, the Defendant driven the Dok-si car in the state of alcohol alcohol concentration of about 0.104%.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the drinking driving control, and inquiry of results;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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 has a record of being punished for driving without a license.

Nevertheless, the crime of this case was committed while driving under the influence of 0.104% of the blood alcohol concentration in the second blood.

However, it shall be considered in favor of the defendant who recognizes the crime and reflects it.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.

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