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(영문) 의정부지방법원 고양지원 2020.06.26 2020고정247
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 10, 2019, at around 03:20, the Defendant driven a D car under the influence of alcohol level of about 0.246% from approximately 300 meters from the front of Gyeyang-gu Incheon to the front of the same Gu C.

Summary of Evidence

1. Application of Acts and subordinate statutes to investigation reports on the defendant's legal statement, statement and control of drinking driving, and circumstantial statement of the drinking driver (investigation into the application of the Ba mark);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. In light of the reasoning for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Defendant’s blood alcohol concentration higher than 0.246%, and the police officer attempted to take a drinking test, denying the fact of drinking driving, and resisting it, the Defendant’s responsibility for the crime is not somewhat weak.

However, the Defendant stated that the facts charged are recognized and against the Defendant, and the Defendant has no previous conviction and sentence, etc. shall be considered in favorable circumstances to the Defendant. In addition, considering the Defendant’s age, character and conduct, health conditions, means and results of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by taking into account the various sentencing conditions indicated in the instant pleadings.

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