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(영문) 의정부지방법원 고양지원 2016.02.19 2015고단3490
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On October 12, 2006, the Defendant received each summary order of a fine of KRW 500,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Sungnam Branch of Suwon Friwon on October 12, 2006, and a fine of KRW 3,50,000 as a fine for the same crime from the Goyang Branch of the District Court on November 28, 2008.

On November 22, 2015, the Defendant driven a vehicle with approximately 500 meters distance from the vicinity of the alley to the mountain village in the Dong-dong of the same Gu to the front road of the same Gu, Seo-gu, Seo-gu, Seosan-dong, Seoyang-gu, Seoyang-gu, Busan, to drive a vehicle with a alcohol level of at least 0.224% in blood while under the influence of alcohol level.

Therefore, even though the defendant was punished twice or more due to drinking, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Application of an inquiry letter, such as criminal history, and a copy of a summary order;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that: (a) the potential risk of driving alcohol on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act; and (b) the criminal records as indicated in all of the defendants’ judgment; or (c) the alcohol value of this case is remarkably high, the nature of the crime is light

Although the defendant could not have committed a crime in depth, the fact that the defendant did not cause an accident, the circumstances favorable to the defendant after the lapse of 7 years from the date of the immediately preceding detection shall be considered, and the defendant's age, gender, sex, environment, family relationship, circumstances and contents, and circumstances after the crime shall be comprehensively considered, and the punishment shall be determined as ordered by the order.

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