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(영문) 수원지방법원 안양지원 2020.05.28 2020고단165
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On October 13, 2016, the defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Suwon District Court's Ansan Branch on October 13, 2016.

On December 28, 2019, at around 22:20, the Defendant driven a DNA car with a blood alcohol concentration of about 0.131% in the section of about 500 meters from the front of the member-gu, Ansan-si to the front road of the same Gu C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the arrest of the occurrence of the case and reporting on the situation of the running of a house;

1. Notification of the results of drinking driving control, and inquiry about the results of drinking driving control;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes governing summary orders;

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 【The scope of the sentencing sentence under the law】 A fine of KRW 5 million from KRW 10 million to KRW 8 million as stated in the first sentence of the crime in the judgment of the Defendant is not less vulnerable to the liability for the crime in this case re-driving a motor vehicle despite the record of being sentenced to a fine due to a violation of the Road Traffic Act (driving) as stated in the first sentence of the crime in the judgment of the Defendant. However, there is no other criminal record, and there is no other criminal record, and the sentence shall be determined as per the disposition by comprehensively taking into account various sentencing conditions such as the Defendant’s blood alcohol concentration at the time of the crime in this case, the distance from drunk driving, the distance from this court’s sentencing for the same kind of crime, equity in the Defendant’s age, character

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