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(영문) 수원지방법원안양지원 2020.09.11 2020고단1155
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On October 25, 2018, the Defendant was subject to a disposition of suspension of indictment at the jurisdiction of the Suwon District Prosecutors' Office within the jurisdiction of the Suwon District Prosecutors' Office for the violation of the Road Traffic Act.

【Criminal Facts】

At around 03:10 on June 13, 2020, the Defendant driven an EMW car in the state of alcohol alcohol concentration of about 0.089% from the 10-meter section from the front side of the Gu apartment Cdong to the front side of the same apartment Ddong.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a summary order for related cases) Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse;

1. Scope of applicable sentences under law: Fines of five million won to ten million won;

2. Although the Defendant, who was sentenced to the sentence, 0.05% of blood alcohol level and was sentenced to the suspension of indictment, was driving under the influence of alcohol level, the Defendant again was under the influence of driving under the influence of alcohol level. However, the Defendant was under the influence of committing a crime that did not have any history of criminal punishment, and the Defendant was under the influence of drinking alcohol level, driving distance, and all other conditions of sentencing shall be determined

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