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(영문) 수원지방법원 안양지원 2020.04.28 2020고단91
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On February 17, 2017, the Defendant was sentenced to a fine of KRW 1 million for the violation of the Road Traffic Act in the Sung-nam branch of Suwon District Court.

Criminal facts

On December 20, 2019, at around 23:47, the Defendant driven a B-tem motor vehicle under the influence of alcohol content of approximately 500 meters from around the road near the Yancheon-dong Dencheon-dong, Gyeongcheon-do, to the road in front of the Yancheon-dong, Dongcheon-dong, Dongcheon-do, to KRW 0.075%.

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. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind as 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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 sentencing sentence under the law】 A fine of KRW 5 million from 10 million to 5 million, which is sentenced to a fine of KRW 5 million as stated in the first head of the crime in the judgment, and the criminal liability for the crime of this case which re-drivings a motor vehicle despite the record of being sentenced to a fine for violating the Road Traffic Act, such as the first head of the crime in the judgment. However, the criminal liability for the crime of this case, which re-drivings a motor vehicle, is not less vulnerable to the punishment for the crime of this case, but at the time of the crime in this case, the defendant’s blood alcohol concentration at blood alcohol level, the distance from drunk driving, the equity in the sentencing of this court for the

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