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(영문) 수원지방법원안산지원 2020.12.10 2020고단2737

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On February 13, 2018, the Defendant received a summary order of KRW 1,50,000 from the Seoul Central District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On June 26, 2020, at around 04:30, the Defendant driven a motor vehicle in the E Sp-type under the influence of alcohol concentration of about 0.139% in the section of about 2km from the road near C in Silung-si B to the front day of the same city D.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the Defendant’s previous conviction for the reason of sentencing under Article 334(1) of the Provisional Payment Order: (b) the period of time and interval from the Defendant; (c) the driving and detection of drinking alcohol at the time of the instant case; (d) the distance of drinking driving; and (e) the Defendant appears to reflect on the Defendant’s attitude; and