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(영문) 수원지방법원안양지원 2020.10.23 2020고단1451

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[Criminal Power] On January 16, 2015, the Defendant was issued a fine of KRW 4 million as a crime of violation of the Road Traffic Act (driving) in the Gyeyang District Court of Suwon on January 16, 2015.

【Criminal Facts】

On July 2, 2020, at around 05:58, the Defendant driven a B 130-car while under the influence of alcohol level of 0.152% at a section of about 50km from the roads located in the Dongdodo-dong, Incheon, Cheongdo-si to the roads near the 28.3km in the Cheongdo-dong.

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. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes reporting criminal investigations (the same criminal records against a suspect);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse;

1. Scope of applicable sentences under law: Fines of 10 million won to 20 million won;

2. The defendant who was sentenced to a sentence had a history of fine once due to drinking driving again, driving under the influence of alcohol.

However, the punishment shall be determined as per the disposition, taking into account the following factors: there is a violation of the law, there is no criminal conviction exceeding the fine, and all kinds of sentencing conditions.