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(영문) 수원지방법원 안산지원 2020.04.09 2020고단593

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for a year and a fine of 200,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On March 21, 2008, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Suwon District Court on March 21, 2008, and a summary order of KRW 1 million to a fine at the Ansan District Court on July 7, 2008, respectively.

1. Around 02:00 on February 2, 2020, the Defendant was driving a DAW-lurd vehicle at approximately 100 meters away from the section of approximately 100 meters away from the 100 meters away to the front of the building in Ansan-si, a member B, and the front of the building, under the influence of alcohol concentration of 0.155%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The Defendant violated the Road Traffic Act: (a) started driving of D-to-pup motor vehicle at the front of the building, which was parked in the front of the building, within the time and time zone specified in paragraph (1) of this Article; and (b) started driving of D-to-pup motor vehicle in front of the building, which was parked in the front section of E-to-date area; (c) left the front section of G K5 motor vehicle owned by the victim F, who was parked in the front section of E-to-date area; and (d) did not take necessary measures such as destroying and damaging the non-repair

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. A report on the actual state of the driver;

1. Notification of records of measurement of drinking alcohol and results of the regulation of drinking driving;

1. Photographs related to accidents;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of two copies of summary orders;

1. Relevant legal provisions concerning facts constituting an offense and Articles 148-2 (1), 44 (1), 156 (10), 156 (10), and 54 (1) 2 of the Road Traffic Act (the provision of personal information after destroying a parking vehicle);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see Supreme Court Decision 2006Do1076, Mar. 23, 2006)

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

1. Article 62(1) of the Criminal Act: