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(영문) 수원지방법원 2020.11.12 2020고단4036
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 11 million.

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

Reasons

Punishment of the crime

On November 3, 2006, the defendant was issued a summary order of a fine of one million won for the violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on November 3, 2006.

Nevertheless, at around 21:55 on May 23, 2020, the Defendant driven a motor vehicle E in the direction of approximately 2 km from the D located in Osan City, Osan City at the B parking lot, in a state of alcohol of 0.168% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. A written appraisal of blood alcohol;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant repeated the offense despite the fact that the Defendant had been punished once due to drunk driving; and (b) the fact that the blood alcohol level was high; (c) the Defendant recognized and reflected the offense; (d) the Defendant did not have any traffic accident; and (e) the fact that the aforementioned person was punished by a fine in 2006; and (e) the fact that there was no other criminal record, etc. are considered as favorable to the Defendant; and (e) the judgment is rendered as per the Disposition, taking into account all other factors favorable to

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