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(영문) 수원지방법원안산지원 2020.12.22 2020고단3116
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

[Criminal Power] On July 17, 2009, the Defendant received a summary order of KRW 2,50,000 from the Seoul Eastern District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 28, 2020, at around 23:45, the Defendant driven a Bsch Rexton car with a blood alcohol content of about 0.089% around the 10.6km away from the road located in the Nam-gu Incheon Metropolitan City, Chungcheongnam-gu, Incheon Metropolitan City to the road near the Dong-dong-dong 10.6km in Singu-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification and place of measurement of the control of drinking driving;

1. Previous records of judgment: Application of criminal history records, inquiry reports (the previous records and confirmation reports of a suspect) and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which has already been punished for drunk driving, was the fact that the defendant had already been under the influence of punishing for drunk driving, and the defendant was driving on an expressway at the time of the case and the possibility of criticism was high and the danger was also high.

However, the period of time from the above previous conviction, the driving and detection of drinking water at the time of the instant case, the distance of drinking driving, the attitude of the Defendant against himself, and other factors of sentencing as shown in the instant argument, including the Defendant’s age, character and conduct, family relationship, occupation, and the circumstances after the instant crime, shall be determined by taking full account of all of the sentencing conditions

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