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(영문) 수원지방법원안산지원 2020.12.03 2020고단2545
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 December 4, 2015, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on December 4, 2015.

【Criminal Facts】

On April 11, 2020, the Defendant driven a c-wing van while under the influence of alcohol of about 800 meters with blood alcohol concentration of about 0.131% from the upstream area in Ansan-si to the front side of the same Gu from the Yeo-dong in Ansan-si, Ansan-si, the Defendant driven a c-wing van under the influence of alcohol concentration of about 800 meters.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the results of drinking driving control, and a record of drinking measurement;

1. Previous convictions indicated in judgment: Application of one copy of the summary order, which is one copy of the inquiry report on criminal records, investigation report (same-class criminal records), and the Seosan-gu of Daejeon District Court Decision 2015 High Court Decision 3766;

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. In the case of this case, the defendant's previous conviction for sentencing under Article 334 (1) of the Criminal Procedure Act at the time and interval from the defendant's time and the circumstances of driving and detection at the time of this case, the distance of drinking driving and the distance of the defendant's drinking, and the fact that the defendant's movement of a vehicle parked twice after drinking alcohol, the defendant seems to have reached the case, the defendant's opposite nature and behavior, family relationship, occupation and conditions of all the sentencing specified in the argument of this case, such as the defendant's age, character and behavior, family relation, occupation and conditions after committing the crime, etc. shall

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