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(영문) 의정부지방법원 고양지원 2015.12.10 2015고단2222
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[Attachment] On September 8, 2006, the defendant was issued a summary order of KRW 1.5 million by the Gangnam Branch Branch of the Chuncheon District Court due to a violation of the Road Traffic Act (driving) and a fine of KRW 1.5 million by the same court on June 4, 2007.

【Criminal Facts】

On August 7, 2015, around 00:33, the Defendant driven Bk5 vehicle volume under the influence of alcohol content of about 0.136% at a section of approximately 500 meters from the street in the vicinity of Ildong-dong Port Lone Star to the street in front of the same Gu-dong Eslock.

Summary of Evidence

1. Defendant's legal statement;

1. Each previous record indicated in the circumstantial report of a host driver;

1. A statement on criminal records, etc.;

1. Application of the Acts and subordinate statutes to a report on investigation, an undisposition, and a report on results of confirmation;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

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

1. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines of five million won and 10 million won; and

2. Whether the sentencing criteria are applied: It is a crime or a fine case for which the sentencing criteria are not set.

3. A fine of eight million won sentenced for the sentence (the circumstances and results of the driving of sound, the family members to support the accused, the fact that the accused has any family member, any mistake, any person who has no criminal record of a stay of execution or more, the age, character and conduct, criminal record, etc. of the accused).

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