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(영문) 의정부지방법원 2021.02.17 2020고단6321
도로교통법위반(음주운전)
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 15, 2008, the defendant was issued a summary order of one million won as a crime of violating the Road Traffic Act (drinking driving) by the District Court of the Republic of Korea on July 15, 2008.

On October 31, 2020, the Defendant driven a Habrid car from approximately 2km section from the offset road in Seoul Special Metropolitan City, Nowon-gu, to the southyang-si B and the front road of the Seoul Special Metropolitan City, under the influence of alcohol content of 0.147% among blood transfusion around 04:30 on October 31, 2020.

In this way, the defendant was driven twice or more while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving at home, report on the situation of the driver at home, report on the situation of the driver at home, report on the control site, and report on the case list of 112 reported; and

1. (A) the application of an inquiry letter, such as criminal history, and an investigation report (a) the application of statutes;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is bad in that the defendant has already been punished as a crime of violating the Road Traffic Act, but if he/she committed the instant crime, he/she is committed.

However, a fine shall be selected in consideration of the fact that the last drinking driving record was about 12 years from the instant case as a light of around 2008.

In addition, the age, character and conduct, family relations, motive and means of the crime, circumstances after the crime, etc. of this case and the various conditions of sentencing as shown in the pleading shall be comprehensively considered, and the punishment shall be determined as ordered.

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