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(영문) 수원지방법원안산지원 2020.12.10 2020고단3416
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

[Criminal Power] On May 15, 2015, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act in Ansan District Court's Ansan Branch.

【Criminal Facts】

On August 12, 2020, at around 00:56, the Defendant driven C Lasttoon car with the alcohol level of about 0.104% from the 2km section from the subway line 4mn in the Yandong-dong, Ansan-si to the roads in front of the same Gu.

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. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, 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 which choose the penalty for a crime;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is based on the following factors: (a) the defendant's previous conviction for the reason of sentencing under Article 334(1) of the Criminal Procedure Act at the time of the instant case, interval between the defendant's previous conviction and his time and the background of driving and detection at the time of the instant case, the distance of drinking driving, the fact that the defendant is against the two children; (b) the defendant supports the two children alone; and

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