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(영문) 의정부지방법원 고양지원 2020.06.04 2020고단696
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 11 million.

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

Reasons

Punishment of the crime

On September 5, 2011, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Jeonju District Court's branch court.

On February 21, 2020, at around 23:30, the Defendant driven a F-to-purged car from the front of the “C” road located in P in Paju City to the front of the “E” road located in D at Paju City, with approximately 300 meters alcohol concentration of about 0.208% under the influence of alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a drinking driver, a report on the circumstances of a drinking driver, and a notice of the result of a driving group;

1. Records of drinking driving under the judgment: Application of Acts and subordinate statutes to a report on criminal records, etc. and a report on the results of confirmation of the previous dispositions;

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 is that the defendant has already been punished for driving under drinking again even though he had the history of being punished for driving under drinking again, the blood alcohol level seems to have been 0.208% at the time, and that the risk of driving under drinking is realized due to traffic accidents, the defendant has no record of punishment other than the above driving under drinking under the conditions unfavorable to the defendant, and the fact that the above driving under drinking under the conditions favorable to the defendant has relatively passed is determined by taking into account the circumstances favorable to the defendant.

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