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(영문) 수원지방법원 2021.01.14 2020고단6024
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On May 11, 2016, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) at a water source method source.

Nevertheless, on August 16, 2020, the Defendant driven a DNA car under the influence of alcohol content of about 0.045% from around 500 meters from the front road of the Suwon-si, Suwon-si, Suwon-si to the front road of the same Gu C, to the previous road of the same Gu.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A paper in which alcohol concentration is recorded in the blood;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, even though the defendant had been punished once due to drinking, repeats the crime, etc. is disadvantageous to the defendant. Meanwhile, the defendant is recognized and seriously reflects the crime, the traffic accident does not occur, the above person who has been sentenced to a fine, the fact that there is no particular criminal record, and the fact that the above person has no other criminal record, and the blood alcohol concentration is low shall be considered as favorable to the defendant, and all other sentencing conditions shown in the records of this case shall be determined as ordered in light of the above circumstances.

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