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(영문) 의정부지방법원 2020.06.24 2020고단654
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 November 27, 2009, the Defendant was issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving) in the Cheongju District Court's Assistance.

On December 6, 2019, at around 21:25, the Defendant driven a D Newcomp-W-D car with approximately 3km alcohol concentration of about 0.122% from the 3km section to the front road of the grackter distance located in the mobile bridge in Macheon-si, Macheon-si.

Accordingly, the Defendant violated the duty of 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, the report on the situation of drinking driving, and the report on the status of drinking drivers;

1. Application of Acts and subordinate statutes of one copy of the protocol on criminal records, etc. inquiry report (A), investigation report (former records and attachment of judgment), and summary order;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, on April 4, 2019, the Defendant is highly likely to be subject to criticism in that he/she committed the instant crime of drinking alcohol on December 6, 2019, even though the Seoul High Court was sentenced to a suspended sentence of two months due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of the said Act, and the said judgment became final and conclusive on April 12, 2019.

The defendant has been punished for a violation of the Road Traffic Act even around 2009.

However, the above punishment power has passed more than 10 years from the crime of this case, and the defendant's prisons desire to take into account the fact that the defendant's wife and the defendant's prisons desire to take the defendant's wife.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.

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