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(영문) 수원지방법원안산지원 2020.11.11 2020고단3413

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On March 7, 2016, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from an Ansan District Court.

【Criminal Facts】

On July 29, 2020, at around 23:05, the Defendant driven a vehicle of approximately 0.071 ton of blood alcohol level in the section of approximately 2 km from the front of a mutually influence cafeteria, Gangwon-do, to the road of the entrance department of the Central Highway, Nam-do, Seoul Special Metropolitan City.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. For the accused's legal statement, arrest report of the suspect driving under the influence of alcohol, report of detection of the drinking driver, and previous records indicated in the circumstantial report of the drinking driver: The application of criminal records, inquiry reports, and criminal investigation reports (verification of records of driving under the same kind of

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the selection of fines: the most recent previous crimes of the same kind, but the blood alcohol concentration is not high, the defendant's family relation, the circumstances leading to the crime, etc. shall be considered);

1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (i.e., extenuating circumstances in which the accused is difficult and family relations);

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;