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(영문) 수원지방법원안양지원 2020.10.15 2020고단1262

도로교통법위반(음주운전)

Text

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 December 7, 2016, the Defendant was issued a fine of KRW 2 million for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for a violation of the Road Traffic Act.

At around 01:30 on May 26, 2020, the Defendant driven C rocketing car under the influence of alcohol concentration of about 2 km from around 01:0 to the front road of the “civil defense education center” located in the same 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. Reports on traffic accidents (1) (2), written opinions (2), and reports on the state of the driver, the driver, and the executive statement;

1. Vehicle photographs;

1. Investigative reports, reports on the state of drinking drivers, records on the measurement of drinking, and reports on the results of the regulation 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 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of applicable sentences under law] The period of sentencing of a fine of 5 million won to a fine of 10 million won to a fine of 8 million won as stated in the first head of the criminal facts stated in the judgment of the defendant. The defendant's blood alcohol concentration level is 0.094%; the defendant's blood alcohol concentration level is 0.094%; the distance from driving under the influence of alcohol; the defendant's age and character; the defendant's age and character; the motive, means, and consequence after committing the crime; and the circumstances after committing the crime, etc., all of the circumstances constituting the conditions for sentencing specified in the arguments in the instant case shall be