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(영문) 수원지방법원 안양지원 2021.01.07 2020고단1979
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

On June 28, 2006, the Defendant received a summary order of a fine of three million won or more for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court (Seoul Northern District Court) and a summary order of 1.5 million won or more for the same crime at the Seoul Central District Court on December 18, 2008.

On September 10, 2020, around 20:45, the Defendant: (a) driven a car with approximately 100 meters alcohol concentration of about 0.182% in blood while under the influence of alcohol from the king apartment house B to the underground parking lot.

Accordingly, the Defendant was driving in violation of the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. The report on the circumstances of the driver at home, the statement on the circumstances of the driver at home, and the photograph at the time of detection of the report on the driver at home;

1. Each report on investigation;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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

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 Provisional Payment Order [the scope of the applicable sentences under the law] The penalty amount of KRW 10 million from 20 million to 10 million [the sentence] penalty amount of KRW 10 million to the Defendant, as stated in the first head of the criminal facts indicated in the judgment, is not less than the liability for the crime of the instant crime of the instant crime of the instant case of the instant case of the instant case of the vehicle of the Defendant, even though the Defendant had been subject to two times punishment due to drinking, and the amount of alcohol concentration among blood of the Defendant is also less than the amount of alcohol concentration.

Although it is not possible to do so, the defendant's mistake is recognized, there is no other specific criminal history, the distance of driving under drinking, equity in the sentencing of this court against the same crime, and various sentencing conditions such as the defendant's age, sex behavior, environment, circumstances of the crime and circumstances before and after the crime shall be determined as ordered.

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