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(영문) 의정부지방법원 2021.01.27 2020고단6026
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

On September 16, 2020, while the Defendant was under the influence of alcohol content of 0.235% during blood transfusions, the Defendant driven a vehicle of F Co., Ltd. owned by E in approximately 8k section from the home of the Defendant of Gyeonggi-gun B to the D class in C’s singing room.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photograph the scene of an accident, report on the situation of the driver in charge, and report on the investigation (report on the situation of the driver in charge);

1. Relevant Article of the Act and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, committed the instant crime even though he had a record of being punished as a crime of violating the Road Traffic Act (driving) around 2003.

At the time of the instant case, the alcohol content of the Defendant’s blood exceeds 0.2%.

A fine shall be selected in consideration of the fact that 17 years have elapsed between the previous punishment history and the instant case.

In addition, the age, character and conduct, family relations, motive and means of the crime, circumstances after the crime, etc. of this case and the various conditions of sentencing as shown in the pleading shall be comprehensively considered, and the punishment shall be determined as ordered.

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