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(영문) 수원지방법원평택지원 2020.08.21 2020고단567

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 December 17, 2008, the defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act in the Yeongdeungpo-gu District Court's territorial support on December 17, 2008.

Nevertheless, at around 23:30 on March 9, 2020, the Defendant driven a Dsch Rexton car while under the influence of alcohol leveling 0.114%, from around about 1km to around C in front of the non-cafeteria at Pyeongtaek-si dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driving of a driver, the circumstantial statement of the driver, and the investigation report (the circumstantial report of the driver);

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Application of criminal records and other inquiries and other Acts and subordinate statutes;

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. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc.:

Unfavorable circumstances: The circumstances that are favorable to the fact that the driver re-drivings a motor vehicle even though he had the history of punishment due to drinking, and the process of detection and the degree of the degree of the blood alcohol concentration at the time have not been much dangerous due to driving: The fact that the previous criminal record was prior to about 10 years, and the previous criminal record was prior to about 10 years.