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(영문) 수원지방법원 2020.12.18 2020고정1572

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On November 12, 2012, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court's Branch on November 12, 2012.

Nevertheless, at around 06:35 on July 2, 2020, the Defendant driven a FM6 car under the influence of alcohol leveling 0.037% of alcohol level from the upper corner of C, which was located in SM6, to the roads in front of E, via the adjacent D convenience points.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, notification on the results of the drinking driving control, drinking control output, report on the circumstantial statement of a drinking driver, and investigation report;

1. An accident site photograph;

1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of the same kind of power);

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of fines for criminal facts

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

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