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(영문) 수원지방법원 안산지원 2021.03.12 2020고단4834

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On July 31, 2016, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) in support of the method of flooding sources.

On November 15, 2020, the Defendant driven a B string-man car under the influence of alcohol level of about 3km from around 0.108% in blood alcohol level from around 10:25 to around 0.108% in the middle of the entrance distance from the Do of the Singdo-dong 2207-26 from the Do of the Singdo-si, Sinsan-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving at home, report on the situation of the driver at home, investigation report (report on the situation of the driver at home), inquiry into the results of regulating the driving of drinking, and output of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report-based previous convictions, and results of confirmation;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Consideration of the reason drinking volume for sentencing under Article 334(1) of the Criminal Procedure Act, the frequency (two times, 2004, and 2016) and timing of the same crime