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(영문) 의정부지방법원 고양지원 2020.04.22 2020고단313
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine for negligence in KRW 7,000,000 (live million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant received a fine of KRW 1.5 million from the Suwon District Court on October 10, 2008 as a crime of violating the Road Traffic Act.

On January 22, 2020, at around 22:35, the Defendant driven a NAS car under the influence of alcohol concentration of about 0.063% from the Do in front of the Cscke golf course located in Cscke City B to the front of the Dscke apartment at the same time.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on the status of operating a motor vehicle under consideration, report on the status of a motor vehicle under consideration, and investigation report;

1. Making a report on the control of drinking driving;

1. Records before judgment: Criminal records, etc., inquiry reports, investigation reports, and application of summary order 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 of Article 334(1) of the Criminal Procedure Act lies in the defendant's attitude of acknowledging and opposing his mistake.

There is no criminal conviction or heavier for the defendant, and there is no criminal punishment for the past ten years.

In addition, the defendant's age, character and conduct, environment, motive and background leading to the crime, degree of drinking, circumstances before and after the crime, etc. shall be determined by taking comprehensive account of various circumstances shown in the arguments in this case.

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