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(영문) 의정부지방법원 2019.05.01 2019고단546
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On September 25, 2006, the Defendant was sentenced to a fine of KRW 1,50,000 to a violation of the Road Traffic Act (driving) at the Jung-gu District Court on September 25, 2006, and a fine of KRW 1,00,000 to a violation of the Road Traffic Act (driving) at the Jung-gu District Court on January 23, 2015.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, the Defendant driven a D salary class III truck under the influence of alcohol with a blood alcohol concentration of 0.166% at a 1 meter portion of the road in front of the Cridge in order to ensure the Government-Si, in November 18, 2018, around 03:05.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a inquiry into the results of the drinking driving control (three times);

1. Before ruling: The application of inquiry records into criminal records and other Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); 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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of applicable sentences under law: Fines of five million won to ten million won;

2. The Defendant, at around 2006 and around 2015, driven a motor vehicle under the influence of alcohol concentration of 0.166% even though he/she was punished for a violation of each Road Traffic Act (driving).

However, since the distance of the defendant's driving is only one meter and there are circumstances to consider driving circumstances, the punishment records around 2006 among the crimes of violation of the Road Traffic Act are 12 years prior to the date of the instant case, and the defendant is a person with disabilities who is in speech Grade 3 and does not delay, and other various sentencing conditions specified in the instant records and arguments, including the defendant's age, character and conduct, family relationship, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by the order, comprehensively taking into account the following factors.

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