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(영문) 의정부지방법원 2021.01.13 2020고단5693
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On August 17, 2006, the Defendant was issued a summary order of KRW 700,000 by the Seoul Central District Court for a crime of violating the Road Traffic Act.

On October 17, 2020, the Defendant driven a BN-si car under the influence of alcohol concentration of about 0.132% in a section 1 kilometer from the Do near the station of a private house located in the Jungcheon-gu Seoul Central District to Acheon-do 105-11 in the front of the Guncheon-dong 105-11.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

1. (A) the application of an inquiry letter, such as criminal history, to the same record of the suspect;

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 of the Provisional Payment Order is that the defendant committed the second alcohol driving crime, but the punishment history was around 2006 and 14 years from the instant case. Since around 2009, a fine shall be selected in consideration of the fact that there was no record of punishment as well as that of this type of crime.

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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