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(영문) 의정부지방법원 고양지원 2015.08.20 2015고단1253
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 3, 2008, the Defendant was sentenced to a fine of one million won for the crime of violation of the Road Traffic Act at the Jung-gu District Court on April 3, 2008, and was sentenced to a fine of one million won for the crime of violation of the Road Traffic Act at the Goyang District Court on May 28, 2014.

On March 26, 2015, around 22:05, the Defendant driven a B-hand car under the influence of alcohol with the blood alcohol concentration of 0.072%, from the front of the restaurant in which it is impossible to know the trade name in the Goyang-dong, Yongsan-gu, Busan to the front of the "Yinjin-gu, Pari" located in the members of Paju-si, Paju-si.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Each previous record of the judgment made on the circumstantial report of a drinking driver and the control of drinking driving;

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

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

1. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines of five million won and 10 million won; and

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set.

3. A fine of five million won imposed for a sentence (including the circumstances of the driving of sound, the criminal records and relationship of the same kind, the penance of errors, and the punishment of a fine by a public prosecutor, etc.);

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