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(영문) 수원지방법원 2020.05.14 2019고단7238
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13 million.

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

Reasons

Punishment of the crime

On February 7, 2018, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

On November 7, 2019, at around 23:42, the Defendant driven a motor vehicle with the highest alcohol level of 0.116% under the influence of alcohol level 0.16% at the section of approximately 2.5km from the head of Sin-si B, C, or C, to the front of the same Sin-si route D and E-cafeteria.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the result of drinking driving control and the result of respiratory measurement;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (criminal records confirmation reports);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant committed a second offense despite the fact that the Defendant had been punished once due to drunk driving; (b) the period of time has not elapsed since the previous conviction; and (c) the blood alcohol level of the instant case was not lower than that of the Defendant; (d) the Defendant acknowledged the Defendant’s crime; and (e) the Defendant has committed a serious traffic accident; (b) the Defendant did not have any traffic accident; (c) the previous offense is the previous offense of a fine; and (d) the Defendant’s family and his branch want to take into account the circumstances favorable to the Defendant; and (e) the fact that the Defendant’s family and his branch want to take the Defendant’s wife as a whole, and (e) the decision is

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