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(영문) 의정부지방법원 고양지원 2020.05.21 2020고단800
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal power] On April 18, 201, the Defendant received a summary order of KRW 4 million for a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court.

【Criminal Facts】

On 23, 2020, the Defendant revised the time according to evidence at around 21:25.

While under the influence of alcohol concentration of 0.184%, he/she driven the E L-Wing Motor Vehicle at approximately 100 meters from the front of the public parking lot B in Gyeyang-gu, Gyeyang-gu to the front of the D-C restaurant in the same Gu.

As a result, the Defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the crackdown on drunk driving, investigation report (report on the circumstances of the driver of the driver's license), report on the circumstances of the driver of the driver's license, and investigation report (the specified time of the suspect's drinking

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (verification of criminal records of the same kind);

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 of Article 334(1) of the Criminal Procedure Act of the provisional payment order, even though the defendant had a record of punishment for an accident while driving under drinking, again committed a crime of drinking under influence.

The drinking volume is high.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

The driving distance is short.

The defendant is punished for drinking driving in 2011, and there is no record of punishment exceeding fine.

This is favorable to the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.

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