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(영문) 수원지방법원 안산지원 2020.06.17 2020고단453
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 8, 2011, the Defendant received a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million as a fine in the same court on October 6, 2014.

On January 19, 2020, at around 22:35, the Defendant driven B rocketing car under the influence of alcohol at approximately 0.041% (blood measurement) at a section of about 100 meters prior to the road in front of the 11st vehicle registration office, which is the front of the 11st vehicle registration office of the same Gu’s main line square.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. The defendant's legal statement, his/her main driving report, investigation report, appraisal request, hearing report, and written appraisal of blood alcohol;

1. Previous records: Application of inquiries, such as criminal records, replys to inquiries, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the selection of fines: Selection of fines: Two times the history of receiving a fine due to a drunk driving, but the blood alcohol concentration is low (the blood alcohol concentration has been 0.03% from the absorption, but 0.041% has been 0.041% in blood measurement), and the distance of operation is shorter, etc.);

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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