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(영문) 수원지방법원 안양지원 2021.03.30 2020고단2482

도로교통법위반(음주운전)

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

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

Reasons

Punishment of the crime

On January 20, 2020, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) in support of the development of a water source method source.

On October 22, 2020, the Defendant driven a D-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing Ling-Wing-Wing-Wing-Wing Ling-Wing Ling-Wing-Wing Ling-Wing-Wing-Wing Ling-Wing-Wing, 00%

Accordingly, the defendant has 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. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Report on the circumstances of driving a drinking driver, report on the results of regulating driving of drinking alcohol, investigation report (report on the circumstances of the driver driving a drinking driver), and report on the circumstances of the driver driving a drinking driver;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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 of the Provisional Payment Order [the scope of the applicable sentences under the law] The punishment amounting to KRW 5 million to KRW 10 million (the decision of sentencing] as stated in the first head of the criminal facts stated in the judgment of the Defendant, which was punished for driving under drinking, is not easy to commit the crime in this case. However, although the defendant's blood alcohol concentration level is not higher than 0.060%, the defendant's blood alcohol level level is not higher than 0.060%, and the defendant has no particular record of crime except driving under drinking, the distance of driving under the law, the distance of the punishment of this court for the same kind of crime, the defendant's age, sex, environment, circumstance of the crime, circumstances before and after the crime, etc., the punishment is ordered as per Disposition after considering the following factors.