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(영문) 의정부지방법원 고양지원 2015.12.10 2015고단2463
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[B] On May 9, 2007, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on May 9, 2007; and on August 27, 2008, the same court issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant had been punished twice or more as above, at around September 14, 2015, the Defendant driven BM5 cars while under the influence of alcohol concentration of 0.110% from the gate distance from the door acid in the camping-dong in the Paju-dong on September 14, 2015, and under the influence of alcohol concentration of 0.110%.

Summary of Evidence

1. Defendant's legal statement;

1. Each previous offense indicated in a report on the circumstances of running a motor vehicle;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes on investigation reporting;

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 eight million won sentenced for the sentence (the circumstances and results of the driving of sound, the family members to support the accused, the fact that the accused has any family member, any mistake, any person who has no criminal record of a stay of execution or more, the age, character and conduct, criminal record, etc. of the accused).

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