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(영문) 의정부지방법원 고양지원 2016.11.10 2016고단2180
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On March 11, 2013, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2,50,000,00 as a fine for a violation of the Road Traffic Act, from the Goyang Branch of the Jung-gu District Court on March 14, 2016, to a fine for a violation of the Road Traffic Act (driving).

On July 2, 2016, at around 22:15, the Defendant driven B rocketing car under the influence of alcohol content of approximately 200 meters from a distance of 0.081% from the front of the letostostostons in Yeonsu-gu Incheon Metropolitan City, to the front road of the letostostostons in the same Dong.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol even though he had a history of driving at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each previous record indicated in the blood alcohol appraisal report and the report on detection of a drinking driver;

1. An inquiry report;

1. Investigation report (Attachment of summary order) and application of Acts and subordinate statutes of the summary order;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

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

1. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines of five million won and 10 million won; and

2. Whether the sentencing criteria are applied: It is a crime or a fine case for which the sentencing criteria are not set.

3. A fine of KRW 10 million sentenced to the sentence (the circumstances and result of the commission of the offense, drinking and drinking practice, family relationship to be supported by the defendant, family relationship to be supported by the defendant, mistake and the sentence of the fine is divided, and other factors such as the age, character, conduct and criminal records of the defendant are considered).

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