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(영문) 수원지방법원 안양지원 2021.01.28 2020고단2274

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On January 14, 2016, the Defendant was issued a fine of KRW 5 million due to a crime of violating road traffic law (drinking) in the Goyang Branch of the District Court.

On November 11, 2020, the Defendant driven a Fro-durged car in the state of alcohol alcohol level of about 0.234% in the blood alcohol level from C Susmarket located in Jusking-si B to D apartment E-dong in the same city.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. On-site photographs of the defendant's legal statement;

1. Report on the situation of driving at home, report on the situation of the driver at home, report on the result of regulating the driving of drinking alcohol, report on the handling of the case, report on the arrest of the case, and report on the arrest of the case;

1. Previous convictions in judgment: The application of an inquiry letter, such as criminal history, and an investigation report (the same criminal history against the suspect) statute;

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

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 [the scope of the statutory applicable sentences] The punishment amounting to KRW 10 million to KRW 20 million [the sentence] 15 million to KRW 0.234% to the Defendant’s blood relative, the amount of alcohol concentration in the Defendant’s blood relative is 0.234% to the lower level, and the Defendant drives at the lower level, taking into account the equity in the sentencing in the court’s sentencing as to the same crime, other various circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence shall be determined as per the order.