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(영문) 의정부지방법원 고양지원 2020.05.29 2020고단396
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On September 1, 201, the Defendant was issued a summary order of KRW 700,000 by the Incheon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

around 23:00 on February 10, 2020, the Defendant driven the Bk5 car at a 10m section while under the influence of alcohol level of about 0.124% at the Seoyang-gu parking lot located in Gyeyang-gu, Soyang-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The actual survey report on traffic accidents;

1. Previous records of judgment: Criminal records, inquiry reports, and application of one copy of the decision on summary order under Acts and subordinate 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 53 and 55 (1) 6 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 on the ground of sentencing of the instant crime is the case where the Defendant re-driving a motor vehicle, despite the fact that the Defendant was punished for driving a motor vehicle under influence, and the Defendant’s liability for the crime is not minor.

However, considering the circumstances favorable to the Defendant, such as the fact that the Defendant stated that all the charges are recognized and against the Defendant, that there is no sentence imposed on the Defendant, that the place of the crime is located in the parking lot, the driving distance is short, that there is an aged parent who will support, and that the Defendant contributes to society by volunteer service, the punishment is determined as ordered by taking into account the following factors: the Defendant’s age, character and behavior, health conditions, the means and consequence of the crime, and the circumstances after the crime, etc.

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