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(영문) 의정부지방법원 고양지원 2020.06.24 2020고단546
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 22, 2015, the Defendant received a summary order of KRW 1,500,000 from the Seoul Southern District Court as a crime of violation of the Road Traffic Act.

On February 12, 2020, around 00:25, the Defendant driven B A6 car with a blood alcohol content of about 0.119% while under the influence of alcohol at approximately 2km from the front of the police station located in the 114-ro, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, to the front of the road located in the 394-ro of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the circumstantial statement of a drinking driver, and statement of the result of crackdown on drinking driving;

1. Previous records before ruling: Application of each Act or subordinate statute written in one copy of criminal records, repeated statements and summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment, even though the defendant had a record of being punished for drunk driving, and the drinking alcohol level of the crime of this case is relatively high.

However, it seems that the defendant, waiting after the withdrawal of the proxy engineer, had a drunk driving since contact with the proxy engineer is not contacted with the wind of the cell phone.

The defendant is not driving under influence, and four years and six months have passed since he was punished as a drunk driving, and there is no other criminal record.

It is hard to say that the defendant does not commit a second offense, and shows the form of reflection against it.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per Disposition.

It is so decided as per Disposition for the above reasons.

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