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(영문) 수원지방법원안산지원 2020.10.22 2020고단2436

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 March 5, 2007, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court.

【Criminal Facts】

On May 29, 2020, at around 00:20, the Defendant driven C Orler vehicle under the influence of alcohol level of about 0.098% from the 3m section of approximately 0m to the front side of the same place.

As a result, the Defendant driven a car under the influence of alcohol not less than twice in violation of the prohibition of driving under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, results of confirmation, and reporting;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is based on the following factors: (a) the defendant’s previous conviction and his/her time and interval from him/her; (b) the developments leading to drinking alcohol and driving and detection at the time of the instant case; and (c) the defendant’s age, character and conduct, family relationship, occupation, and circumstances after the instant