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(영문) 의정부지방법원 고양지원 2020.04.29 2020고단199
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 20, 2016, the Defendant was a person with the power to receive a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (driving) from the Jung-gu Seoul District Court (Seoul), and was driving a C Ttibball vehicle under the influence of alcohol content of KRW 0.104% from the 37 km section of the so-called Seodaemun-gu Seoul to the roads front of the B apartment of Pakistan-si in the case of Pakistan on December 23, 2019, and around December 23, 2019.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the circumstantial statement of a drinking driver, statement of the results of crackdown on drinking driving, and statement of the next inquiry; and

1. Previous records of judgment: Application of Acts and subordinate statutes stated in criminal records, repeated statements and investigation reports (a report on the confirmation of the same kind of force);

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a history of being punished for a drunk driving. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the high level of drinking alcohol and the distance in which a drunk driving was conducted is also long.

However, at least three years have passed since the defendant was punished for a drunk driving, and there is no other criminal record.

In other words, the defendant does not drive under the influence of alcohol again, and shows the form of reflection.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per Disposition.

It is so decided as per Disposition for the above reasons.

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