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(영문) 의정부지방법원 고양지원 2021.01.28 2020고단3094
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

[Power of crime] The Defendant’s error in the 700,000 won indictment (170,000 won) is corrected as a crime of violation of road traffic law at the Goyang Branch of the Jung-gu District Court on November 28, 2008.

On December 13, 2010, the Seoul Western District Court received a summary order of KRW 2 million for the same crime.

[Criminal facts] The Defendant is a result of blood appraisal of 0.137% alcohol concentration in blood around June 20, 2020.

In the state of being under the influence of alcohol, the Ebenz car was driven from about 50 meters to the access road to the front underground parking lot of the apartment D, from the Goyang-gu apartment B apartment house C, Gyeyang-gu.

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

Summary of Evidence

1. Statement by the defendant in court;

1. He/she shall make a statement on the circumstances of the driver who is placed in the police statement with F, make an investigation report (report on the circumstances of the driver who is placed in the police), conduct field photographs, give expert opinions, check the results of crackdown on the driving of alcohol,

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history of the same type) statute;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020; Act No. 17371, Dec. 10, 2020); the selection of a fine (in the apartment parking lot, the background of the crime at the apartment parking lot; the driving distance is short distance; the previous conviction was nine years prior to the judgment; the fact that there was no other criminal records other than the previous offense committed by the Defendant, etc.)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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