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(영문) 수원지방법원 안양지원 2020.04.23 2019고단2170
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

On August 8, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

On October 15, 2019, at around 01:50, the Defendant driven a B SP car under the influence of alcohol level of 0.13% from approximately 5km section from the 5km section to the Gyeonggi-do 5k-si, Gyeonggi-do, and the North Cheongan-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control result of drinking driving, report on the circumstance of a drinking driver, and result of measurement of blood alcohol concentration;

1. A traffic accident report (1) (2), an accident vehicle photograph, and a traffic accident-related written statement;

1. Previous records: Criminal records and other inquiries, and application of investigation reports and 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is 【The scope of the applicable sentences under the law】 The judgment of the court below 10 million won to 20 million won to 10 million won to 20 million won to 10 million won to 20 million won to 10 million won to 20 million won to 0.133% to 0.13% to the defendant's blood alcohol level as stated in the criminal facts in the judgment of the court below. The defendant's blood alcohol level also cannot be said to be lower than 0.13% to 0% to 0.13%, although the accident occurred during driving under the influence of alcohol, the defendant agreed to minor and smooth with the victim, and if the defendant was sentenced to imprisonment with labor due to this case, he will be forced to ipso facto leave the workplace in consideration of the situation where the defendant had live relatively in good faith.

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