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(영문) 수원지방법원 평택지원 2021.02.19 2020고단1692
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] The Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court on December 20, 2013 as a crime of violating the Road Traffic Act (driving).

[2] On June 20, 2020, Defendant 1 driven a motor vehicle under the influence of alcohol with approximately 0.058% alcohol level from around 800 meters away from the C Station located in Pyeongtaek-si B around June 20, 202 to the E-road located in Pyeongtaek-si B. The Defendant 1 driven a motor vehicle under the influence of alcohol level of about 0.058%.

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. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous conviction in the same case and 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 driving of a second alcohol is advantageous to the fact that the person has already been punished for driving of a drinking: The fact that it recognizes the crime and reflects the fact that the blood alcohol concentration at the time of detection is relatively high, and there is no circumstance to realize the risk of driving due to the fact that the person was found to control a simple drinking.

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