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(영문) 수원지방법원 안산지원 2020.06.19 2020고정196

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant was issued a summary order of one million won for a violation of the Road Traffic Act in the Suwon District Court on October 02, 2015.

Nevertheless, under the influence of alcohol on May 15, 2020, the Defendant driven a dial vehicle from the section of about 10 K to the front road located in the Dong-gu, Ansan-si, Ansan-si, under the influence of alcohol of 0.038% of blood alcohol concentration of 22:5%.

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

Summary of Evidence

1. Court statements, investigation reports (report on the circumstances of the drinking driver), and records of the result of the measurement of drinking;

1. Previous records: Application of inquiry letter, investigation report (Attachment to a summary order) and other relevant 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 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (the blood alcohol concentration is low. The blood alcohol concentration is low once in the same kind of power, but the blood alcohol concentration was low at the time);

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;