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(영문) 수원지방법원 평택지원 2021.02.19 2020고단1497
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[criminal history] On April 21, 2014, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong District Court’s Eunpyeong District Court’s KRW 2 million.

[2] The Defendant: (a) had the record of punishing drinking drivers on one occasion; (b) the Defendant driven the B low-priced vehicle under the influence of alcohol level of 0.057% from May 31, 2020 to Pyeongtaek-si E, while driving the vehicle at around 03:15 at around 03:0 on May 31, 2020; and (c) proceeded with approximately 8km from the D store in Pyeongtaek-si to the front day of Pyeongtaek-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report-based previous convictions, and results of confirmation;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include the following circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and all sentencing factors indicated in the pleadings of the instant case, such as the circumstances after the crime, shall be comprehensively considered, and the sentence shall be determined as ordered.

Unfavorable circumstances: The circumstances that are favorable to the fact that the driver re-drivings the driver's license despite the previous record of being punished for driving under the influence of alcohol: The fact that the crime is recognized and reflected, the alcohol concentration level in the blood was relatively high at the time of detection, there is no circumstance that the risks of the driver's license due to the fact that the driver's license was found to control simple drinking, and there is no other criminal history other than the previous one.

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