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(영문) 의정부지방법원고양지원 2020.10.08 2020고단1120
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 18,000,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 16, 2014, the Defendant received a summary order of KRW 1,500,000 from the Incheon District Court as a crime of violation of the Road Traffic Act.

On April 2, 2020, at around 16:00 on the same day, the Defendant driven a B-Adi vehicle while under the influence of alcohol alcohol concentration of approximately 0.185% from the section of about 20km to the front road of the Dongdae-dong, Yongsan-gu, Goyang-si, Goyang-si, 16:30 on the same day, at a place where it is impossible to identify the place located in the city of P-Adiju on April 16, 2020.

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

Summary of Evidence

1. The defendant's legal statement, notice of the result of crackdown on driving under influence of alcohol, report on the circumstances of the driver under the influence of alcohol, and investigation report (report on the circumstances of the driver

1. Application of Acts and subordinate statutes to criminal suspects, previous convictions, summary orders, criminal records, etc.;

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 Article 334(1) of the provisional payment order, despite the fact that the defendant had been punished once as a crime of drunk driving, was also driving at the same time.

The drinking value is very high and the driving distance is very long.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

Finally, the punishment of the defendant who committed the crime of drunk driving is only six years prior to the punishment, and there is no record of the punishment of suspended sentence or heavier in relation to the crime of drunk driving.

This is favorable to the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.

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