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(영문) 의정부지방법원 고양지원 2020.02.14 2019고단3578
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 October 25, 2011, the Defendant issued a summary order of KRW 2.5 million at the Seoul Central District Court for a violation of the Road Traffic Act.

Around 23:20 on December 6, 2019, the Defendant driven a Do SM5 car while under the influence of alcohol concentration of 0.090% on blood alcohol in the vicinity of C on a street located in Goyang-gu Seoul Metropolitan City B(B).

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate 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 under Article 334(1) of the Criminal Procedure Act of the order of provisional payment was that the Defendant had been sentenced to a fine twice due to a drunk driving, but re-driving a motor vehicle.

On the other hand, it is against the defendant's wrong recognition.

Where a person is sentenced to imprisonment without prison labor or heavier punishment, he/she may be dismissed from a company currently in office.

The punishment as ordered shall be determined in consideration of all the sentencing factors indicated in the pleadings of this case, such as the circumstances mentioned above, the driving distance, the blood alcohol concentration at the time, the time and distance between the crime of drinking alcohol and the crime of drinking alcohol in this case, the time distance between the crime of drinking alcohol in the past and the crime of drinking alcohol in this case, the age, character and conduct

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