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(영문) 수원지방법원 안산지원 2019.10.18 2019고단2983
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 25, 2008, the defendant was issued a summary order of 700,000 won for a fine for the violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for the defendant's violation of the Road Traffic Act.

On August 21, 2019, at around 21:20 on August 21, 2019, the Defendant driven a DNA car with blood alcohol concentration of about 0.084% from the section of approximately 300 meters from the 300-meter radius to the front road of the Gyeonggi-si.

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. The circumstantial statement of the employee;

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

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Taking into account all circumstances, such as the fact that the defendant's mistake is recognized for the reason of sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order, the criminal records of the defendant, blood alcohol density, driving distance, etc.

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