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(영문) 수원지방법원 안양지원 2020.07.23 2020고정268
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 December 24, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the District Court of the Republic of Korea on December 24, 2008.

On December 15, 2019, around 15:35, the Defendant driven an E B Bbluri-ri vehicle with a blood alcohol concentration of about 0.103% under the influence of alcohol at the section of approximately 1.5 km from the C cafeteria located in Ansan-si B to the D front Road.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. The defendant's legal statement and the report of traffic accident;

1. Notification of the results of the crackdown on drunk driving, report on the circumstance of a drunk driver, investigation report (report on the situation of a drunk driving), notification on the results of the crackdown on drunk driving, and inquiry into the results of the crackdown on drunk driving;

1. A photograph at the scene of an accident, a ebluculate video-fafash, a taxi blue video-fafash, and a CCTV-fafash;

1. Each investigation report and internal investigation report;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes on investigation reports (the same criminal records against a suspect);

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 [the scope of applicable sentences under the law] 10 million won to a fine of 20 million won to a fine of 12 million won to a fine of 20 million won [decision of sentence] 12 million won to a fine of this case where the defendant re-drivings a motor vehicle while driving the motor vehicle even though he had a driving record of drinking, the contents of the crime in this case, the blood alcohol level of the defendant, the defendant's age and character, the defendant's personality and behavior, the motive, means, and result of the crime at the distance of a driving under influence of alcohol, and all other circumstances constituting the conditions for sentencing as shown in the argument in this case, such as the circumstances after the crime

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