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(영문) 수원지방법원 안산지원 2020.05.28 2020고단259
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 20, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act, and a summary order of KRW 3 million as a fine in the same court on July 25, 2013, respectively.

Although the Defendant violated the prohibition of drunk driving as above, at around 05:57 on Nov. 7, 2019, the Defendant driven a vehicle with DNA Kama, under the influence of alcohol content of approximately 0.050%, from around 350 meters to around the road near the Dong-gu, Ansan-si to the same Gu C.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, reply reports and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power of a suspect A);

1. Relevant Acts concerning facts constituting a crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose a penalty;

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

1. The sentencing order under Article 334(1) of the Criminal Procedure Act is based on various factors of sentencing, including the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., taking into account the risk inherent in the drinking driving itself, the defendant’s previous drinking records, the blood alcohol concentration at the time of the instant case, and the section of the drinking driving, and the sentence shall be determined as per the order,

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