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(영문) 의정부지방법원 2020.11.19 2020고단4408
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On May 27, 2019, the Defendant had the record of being sentenced to suspension of indictment for a violation of the Road Traffic Act at the Jung-gu District Court on May 27, 2019.

【Criminal Facts】

On August 21, 2020, around 22:02, the Defendant driven an E SP car with approximately 500 meters of alcohol content 0.073% under the influence of alcohol content from the front of a restaurant on the mutual influenite City B to the front of “D” located in Scheon-si C.

Accordingly, the Defendant violated the prohibition of driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the direction of the driver under the direction of the driver under the direction of the driver;

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

1. Previous convictions indicated in judgment: Impositions of dispositions, results of confirmation, and application of Acts and subordinate statutes as well as copies of written decisions not to prosecute;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime even though he/she had the history of having been sentenced to the suspension of indictment due to a drunk driving, etc.

However, in light of all kinds of sentencing conditions indicated in the arguments in the instant case, including the Defendant’s confession of the instant crime, and the mistake is divided, the distance of drunk driving is short and the blood alcohol level is relatively high, the fact that there is no criminal power other than the above suspension of indictment, the fact that vehicles are sold, the fact that vehicles are sold, and the Defendant’s age, character and conduct, environment, family relationship, means and consequence of the instant crime, and the circumstances after the crime, etc., the punishment shall be determined

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