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(영문) 의정부지방법원 고양지원 2020.06.26 2020고정291
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On April 22, 2011, the Defendant was sentenced to a fine of three million won by the Seoul Eastern District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

around 00:35 on January 11, 2020, the Defendant driven a B K5 vehicle under the influence of alcohol leveling to about 0.175% in the section of about 12 km from the 194 in the Congyang-gu Congyang-ro 194 to the Cyang-dong 425-32.

Accordingly, the defendant violated the Road Traffic Act prohibition regulations not less than twice.

Summary of Evidence

1. Legal statement, statement of the accused, inquiry into the results of the crackdown on drinking driving, driving and control, report on the actual condition of the statement on the driver's situation, and report on the occurrence of traffic accidents at the site;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of a summary order-order Act and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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 following facts: (a) the Defendant stated that he/she is against the charge; (b) the Defendant has no penalty heavier; and (c) the Defendant’s health condition is not good; and (d) the Defendant’s age, character and conduct, family relationship; (b) the means and consequence of the crime; and (c) the Defendant’s punishment is determined as ordered by taking into account various sentencing conditions

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