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(영문) 수원지방법원 성남지원 2021.03.16 2020고단3365
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On May 26, 2009, the Defendant was sentenced to a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking) and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (drawing prior to the death or injury caused by danger) in support of the Sungnam-gu Friwon method.

On August 10, 2020, the Defendant driven a 3 freight vehicle with E-wing height from around 10km to around 0.063% alcohol level from the front day of Gwangju City to the front day of "D" located in Gwangju City, while under the influence of alcohol leveling 0.063% among the blood transfusion around 10:10.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. The defendant's legal statement, report on the occurrence of a traffic accident, report on the actual condition of the accident, report on the state of the driver's license, report on the situation of the driver's license, notification of the result of drinking control, the ledger of the use of drinking meters, written statements, verifying the purchase of a motor vehicle comprehensive insurance, the ledger of driver's license, tea inquiry, the ledger of motor vehicle registration, the ledger of registration of the motor vehicle, and previous records of the judgment on mandatory insurance: The application of inquiry

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act recognizes and reflects a crime, the risk and necessity of driving alcohol, the record of the crime of driving alcohol prior to 10 years, the driving value of drinking alcohol is not high, and the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances revealed in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the conditions of sentencing under Article 51 of the Criminal Act shall be determined by taking into consideration the sentencing conditions as stipulated

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