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(영문) 의정부지방법원 고양지원 2020.05.14 2020고단843
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On October 14, 2013, the Defendant received a summary order of KRW 7 million from the Seoul Western District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On December 3, 2019, at around 22:50, the Defendant driven a BM MWU car in the state of alcohol alcohol concentration of about 0.5 km from the front of the Gangseo-gu Seoul Metropolitan City Mountain Station to the road of about 53-13, the same Gu Fire-Fighting Zone.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drunk driving, report on the circumstances of the driver involved in drinking, and investigation report (report on the circumstances of the driver involved in drinking);

1. Report of investigation (Attachment of summary order of the same criminal records), summary order and criminal records, and application of statutes;

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 of the provisional payment order, even though the defendant had a record of being sentenced to a fine in the accident due to drinking driving, again committed the crime of drinking driving.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

The defendant's drinking value is not high.

In other words, the vehicle owned by the defendant was also sold while the defendant would not drive under the influence of alcohol.

The defendant does not have any other criminal records except a fine imposed on one occasion as above, and the above records are also 2013.

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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