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(영문) 의정부지방법원 고양지원 2020.05.27 2020고단181
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 February 11, 2014, the Defendant received a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on February 11, 2014.

On January 14, 2020, at around 00:32, the Defendant driven a F-Motor vehicle from the front side of C in Goyang-dong, Goyang-si, Goyang-si to E-Road in the same Gu, in a state of alcohol alcohol concentration of 0.047%.

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 of judgment: Application of Acts and subordinate statutes entered in the criminal records, references to criminal records, previous records of disposition, and report on results of confirmation;

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, even though the defendant had a record of being punished for drunk driving, was also driving under the influence of alcohol.

However, the drinking level of the instant crime is not high, and the distance of drinking driving is relatively short.

The defendant has been punished for a drunk driving, and five or more years have passed since he/she was punished, and he/she has no other criminal records.

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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