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(영문) 수원지방법원 안산지원 2020.04.09 2020고단94
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 February 10, 2010, the Defendant received a summary order of KRW 700,00 from the Incheon District Court to a fine for a violation of the Road Traffic Act.

Nevertheless, on October 29, 2019, the Defendant driven D motor vehicles at approximately 5km section from Yeongdeungpo-gu Seoul Metropolitan Government to C Hospital underground parking lots located in Yeongdeungpo-gu, Seoul Metropolitan Government, while under the influence of alcohol with a percent of blood alcohol concentration 0.097% (0.097%) around 10:56.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, report on the circumstances of a drinking driver, report on the results of the control of drinking driving, and a drinking-free worker;

1. Previous records: Application of one copy of inquiry report and summary order, such as criminal records;

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) 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the defendant's records (one time before and after drinking, ten years before and after drinking, fine of KRW 700,000 at the time, KRW 0.061% at the time) and the character of the crime of this case (which constitutes the so-called night driving as it was controlled while driving after drinking alcohol), drinking (097% after drinking alcohol), drinking level (0.09%) after committing the crime, circumstances after committing the crime, economic circumstances, and other various circumstances shown in the argument of this case, the punishment as set forth in the text of this case shall be determined as follows.

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