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(영문) 의정부지방법원 2014.10.31 2014고단2020
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

【Criminal Power】 On July 10, 2009, the Defendant received a summary order of KRW 700,000 from the Jung-gu District Court to a fine for a violation of the Road Traffic Act, and on March 4, 201, a summary order of KRW 1 million from the Jung-gu District Court to a fine for the same crime.

【Criminal Facts of Crimes】 On May 21, 2014, around 01:15, the Defendant driven CA car under the influence of alcohol by 0.179% in a section of approximately 150 meters, starting from a mutual influent restaurant run in the one-way-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Accordingly, the defendant, who was punished under Article 44 (1) of the Road Traffic Act, was driven under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the circumstances of the driving of the driving of the driving of the driving of the driver and report on detection of the driver;

1. Before judgment: References to criminal records and investigation reports (verification of the same kind of records) and the application of statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense.

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of the following favorable circumstances, etc.):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s blood alcohol concentration level is considerably high at the time of driving under the influence of alcohol in the instant case; and (b) the Defendant has been punished several times as fines for the same kind of crime; (c) on the other hand, there are favorable circumstances, such as the confession and rebuttal of the instant crime; (d) the distance of the Defendant driving under the influence of alcohol is relatively short distance; (e) the occurrence of traffic accident due to the instant drinking driving; and (e) the absence of any history of being sentenced to the suspension of qualification or heavier punishment; and (e) these circumstances and other circumstances of the Defendant

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