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(영문) 수원지방법원안양지원 2020.09.11 2020고단1240

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On June 9, 2008, the Defendant was issued a summary order of a fine of three million won by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 12, 2020, the Defendant driven an EW car under the influence of alcohol content of about 0.141% from the 1km section from the road front of the public restaurant located in Ansan-si, Seoul to the front road of the same Gu, the Defendant driven an EW car in the influence of alcohol content of about 0.141%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Notification of the result of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse;

1. Scope of applicable sentences under law: Fines of 10 million won to 20 million won;

2. Although the defendant, who was sentenced to a sentence, once again drives under the influence of a fine twice due to a drunk driving, he/she had the history of 10 years prior to the lapse of the sentence, shows his/her attitude of reflecting the mistake, and there is no criminal record exceeding the fine, and all the other factors of sentencing indicated in the record, the sentence as ordered shall be determined