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(영문) 의정부지방법원 고양지원 2016.01.15 2015고단3069
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 15, 2008, the Defendant was issued a summary order of KRW 1 million as a fine for a crime of violating road traffic law (drinking driving) at the Goyang Branch of the Jung-gu District Court on February 15, 2008, and two million won as a fine in the same court on November 9, 2009.

Defendant driven a motor vehicle under the influence of alcohol not less than twice as above, and driven a motor vehicle with B low alcohol level of about 0.09% in the section of about 300 meters from the same day from October 29, 2015 to the front road of the earth station located in the same Saturday-dong on the same day from the 00:20-round the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a alcoholic beverage and inquiry into the results of crackdown on driving alcohol (Evidence No. 3);

1. Application of duplicate 2 of the inquiry letter, such as criminal history, and summary order;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant reflects his depth and does not repeat the crime, and the alcohol value of this case is high enough

It is difficult to see that the crime of this case is a crime after the lapse of six years from the date of detection of the immediately preceding drinking driving, and all of the judgment, the crime records, motive and contents of the crime, the age and gender of the defendant, sex, sex, family relationship, and other various sentencing conditions are considered, and the amount of the fine was determined.

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