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(영문) 수원지방법원 안산지원 2020.06.17 2020고단481

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 24, 2019, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for a violation of the Road Traffic Act.

Around 00:50 on December 13, 2019, the Defendant driven an E SP car at a distance of about 15 meters from the 0.160% of alcohol concentration in the blood 0.160% to the front road of “D Real Estate” in the same city from Heungi City to the “D Real Estate” in the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Investigation report on the defendant's legal statement, and the place where drinking is output;

1. Previous records: Criminal records and replys to inquiries, and the application of Acts and subordinate statutes attached to written judgments;

1. Relevant legal provisions concerning criminal facts and Articles 148-2(1) and 44(1) of the Road Traffic Act (the selection of a fine: the recent history of receiving a fine due to a drunk driving, but the blood alcohol concentration at the time was not high, and no other criminal record was found. Although the blood alcohol concentration at issue was high, it appears that the vehicle was tryed to move, and the distance of operation is shorter);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;