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(영문) 의정부지방법원고양지원 2020.10.23 2020고정487
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On August 10, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on March 10, 2009.

【Criminal Facts】

On March 4, 2020, the Defendant driven a ECo-sports vehicle under the influence of alcohol level of 0.095% in the front section of the “C building Ddong” located in Ildong-gu, Youngdong-gu, Ilyang-si (Seoul) around 21:10 minutes, while under the influence of alcohol level of 0.095% in the front section of the “C building Ddong”.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. A previous record of judgment: A copy of the summary order, which shall be applied to the inquiry report on criminal records, the attachment of a summary order related to a suspect-related driving record, and a copy of the summary order 2009 high-level High-level High-level District Court 2009 high-level

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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 on the ground of sentencing of the instant crime is the case where the Defendant re-driving a motor vehicle, despite the fact that the Defendant was punished for driving a motor vehicle under influence, and the Defendant’s liability for the crime is not minor.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant stated that he/she is against the charge, that the defendant is not subject to a sentence, that the place of the crime is within the parking lot, that the driving distance is short, and that there is no previous case after around 2009, etc., the defendant shall be considered as favorable to the defendant. In addition, taking into account the defendant's age, character and behavior, health conditions, means and result of the crime, and circumstances after the crime, the sentence shall be

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