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(영문) 의정부지방법원 고양지원 2016.06.24 2016고단103
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

On June 17, 2008, the Defendant issued a summary order of KRW 3 million as a crime of violating road traffic law (drinking driving) at the Goyang Branch of the Jung-gu District Court on June 17, 2008 and KRW 5 million as a fine in the same court on October 5, 2012.

On December 18, 2015, the Defendant driven a motor vehicle with the highest alcohol concentration of 0.09% from the 3km section of approximately 3km from the 17:05 Sim-si in Geumju-si to the 20m-ro in the same year and from the 3km-si village to the 4rd road in the same year, while under the influence of alcohol.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and again driven a motor vehicle while under the influence of alcohol by violating the prohibition of driving under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. References to inquiries, such as criminal history, and application of each written decision;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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 on the Criminal Procedure of the Provisional Payment Order has reached several times the criminal records of traffic offenses (three times of drinking driving, refusal of drinking alcohol measurement, one time of non-licensed driving, three times of license). In particular, although the Defendant was a crime of this kind, the Defendant was sentenced to imprisonment for eight months and suspension of execution, two years of probation, observation of protection, taking lectures in alcohol treatment, etc. on September 26, 2014, and was under suspension of execution, and was sentenced to the suspension of execution and was under suspension of execution.

However, it appears that the defendant's mistake is divided in depth, and the defendant's voluntary participation in education for the prevention of drinking alcohol and meetings for the suspension of drinking, and does not repeat again.

There are many things.

The crime of this case did not cause an accident.

There is no record of criminal punishment in addition to punishment of fines by up to 2005.

The defendant is a family member's livelihood.

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