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(영문) 수원지방법원 안양지원 2021.02.05 2020고단1723
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On February 7, 2013, the Defendant received a summary order of a fine of three million won for a crime of violating road traffic law (drinking driving) at the Seoul Central District Court.

On April 18, 2020, the Defendant driven a DNA car under the influence of alcohol leveling 0.122% in the 20-meter section from the 20th floor parking lot from the 2nd underground to the front of the same parking lot in Ansan-si around 01:31, 2020.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the result of regulating driving of drinking alcohol (breathe measurement);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse;

1. Scope of applicable sentences under law: Fines of 10 million won to 20 million won;

2. Where a defendant who has been sentenced to a sentence drives a drinking again even though he/she had a history of fine on one occasion due to drinking, he/she shall determine the sentence as ordered by taking into account the following factors: the details of the driving, driving background, distance, drinking level, and other various sentencing conditions;

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