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(영문) 의정부지방법원 고양지원 2021.02.17 2020고정830
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

[Power of crime] On April 6, 2015, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking) in the Goyang Branch of the Jung-gu District Court.

[2] On August 11, 2020, the Defendant driven a D low-speed car with a alcohol level of about 100 meters from the alcohol level of about 0.186% from the front of the drinking house to the front road of the same city in which it is impossible to identify the trade name in the Papju City B at around 05:15 on August 11, 2020

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on actual condition, report on the circumstances of a driver driving, notification of the results of crackdown on the driving of drinking, and inquiry into the results of crackdown on the driving of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of a summary order of 807, 2015, 2015, 807, 300,000,000

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning 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 of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is the case where the Defendant re-driving alcohol despite the fact that the Defendant had been punished for driving alcohol, and the Defendant’s responsibility for the crime is not easy in light of the fact that the alcohol concentration level in blood is high.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant stated that he/she is against the facts charged, that he/she does not repeat by selling a vehicle, that the driving distance is relatively short, and that he/she has no record of crime exceeding a fine, etc., the punishment as ordered shall be determined by taking into account the defendant's age, family relation, sex, means and result of the crime, circumstances after the crime, etc., as stated in the arguments of this case.

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