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(영문) 수원지방법원안산지원 2020.11.19 2020고단1881
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 January 16, 2015, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Daegu District Court.

On May 6, 2020, at around 00:43, the Defendant driven a C7 car under the influence of alcohol level of about 0.076% in the five-meter section of the front road B at Silung-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the results of the drinking driving control, and output;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes governing summary orders;

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 sentencing of Article 334(1) of the Criminal Procedure Act, based on the following factors: (a) the Defendant’s previous conviction for the reason of sentencing under Article 334(1) of the Provisional Payment Order: (b) the interval between the Defendant’s previous conviction and his time and the background of driving and detection at the time of the instant case; (c) the distance of drinking driving; and (d) the Defendant’s age, character, conduct, family relationship, occupation

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