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(영문) 수원지방법원 성남지원 2020.06.02 2020고단179
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On October 26, 2016, the Defendant received a summary order of KRW 4 million from the Suwon District Court for the violation of the Road Traffic Act.

Nevertheless, at around 00:01 on January 10, 2020, the Defendant, while under the influence of alcohol at a 0.056% of blood alcohol concentration, violated the prohibition of drinking driving by driving a rash car at approximately two times at a section of about 1km to the front road of the Tran Park in front of the Sejong-dong in Seongbuk-gu, Sungnam-si.

Summary of Evidence

1. The defendant's legal statement, the circumstantial statement, the inquiry report about the result of the crackdown on drinking driving, and the application of summary order (investigative records 28 pages) 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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, driven a car under the influence of alcohol level 0.056% of the blood alcohol level again even though he/she was punished by a fine due to drinking around 2016.

The main circumstances are to be considered, but the defendant's attitude to recognize and reflect the mistake is to be taken into account, the defendant has no criminal records other than the above previous conviction, and the defendant has no other criminal records, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc. are to be determined as ordered in consideration of the overall circumstances

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