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(영문) 의정부지방법원 고양지원 2020.05.29 2020고단507
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

[Criminal Power] On May 17, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on May 17, 2007.

【Criminal Facts】

At around 22:50 on February 7, 2020, the Defendant driven a car at the horse b with a blood alcohol concentration of 0.051% under the influence of alcohol on the road before the court police box located in the legal principle of Eup of the court at the time of Pakistan.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of criminal records, repeated statements, and summary order Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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 provisional payment order is that the defendant, even though he had a record of being punished for drunk driving, has re-driving the motor vehicle.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant stated that he/she is guilty of a violation of the facts charged, that he/she was not guilty of a sentence since 2007, that there was no reason to consider the circumstances surrounding the defendant's drunk driving, and that he/she sold a vehicle, etc., the punishment as ordered shall be determined by taking into account the defendant's age, character and behavior, health status, family relationship, means and result of the crime, and circumstances after the crime, etc.

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