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(영문) 의정부지방법원 2021.02.03 2020고단6186
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On September 29, 2006, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court on September 29, 2006, and on November 14, 2008, there was a record of being sentenced to a fine of KRW 1.5 million for the same crime in the support of Suwon Frigwon, which was located in the same manner

On October 31, 2020, around 08:05, the Defendant driven a Doz car in the state of alcohol alcohol concentration of about 0.076% from the 3.3km section from the front of the apartment house B in Seocheon-si to the front of the hotel in Seocheon-si, Bucheon-si, the Defendant was under the influence of alcohol concentration of about 0.3km.

As a result, the Defendant was driving a motor vehicle in violation of the prohibition on drinking more than twice.

Summary of Evidence

1. The defendant's legal statement on the driving circumstances of the main driver, the report on the circumstances of the main driver, and the investigation report (the report on the circumstances of the main driver);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same criminal history);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is likely to be criticized in that the Defendant committed the instant crime, even though he had been punished for each drinking crime around around 2003, around 2006, and around 2008.

However, the Defendant, after being subject to punishment on 2008, appears to have faithfully committed about 12 years of punishment, and the Defendant appears to not repeat the offense and to have opposed to it, shall be selected by a fine in consideration of the fact that he/she appears to have faithfully committed the offense.

In addition, the age, character and conduct, family relations, motive and means of the crime, circumstances after the crime, etc. of this case and the various conditions of sentencing as shown in the pleading shall be comprehensively considered, and the punishment shall be determined as ordered.

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