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(영문) 수원지방법원 안산지원 2020.04.16 2020고단239
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 11, 2006, the Defendant received a summary order of KRW 1,500,000 from the Seoul Central District Court to a fine for a violation of the Road Traffic Act.

On October 25, 2019, while the Defendant was under the influence of alcohol of 0.204% on blood alcohol concentration at around 22:00, the Defendant driven a feld vehicle B with approximately approximately 20km from the 20km section to the front side of the Seocho-gu Seoul Southern River, Seocho-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a host driver, report on the request for appraisal, report on the detection of each host driver, and investigation report (limited to the application of the Tramark formula);

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the defendant's records (one time prior to the driving of drinking, 13 years prior to the driving of drinking, 1.5 million won before the time, 0.130% at the time, 0.130% of the drinking volume at the time), drinking volume (0.198% after collecting blood and appraising them, 0.204% by applying the Badmark formula), the circumstances after the crime (i.e., confession and reflect), family relationship, and other various circumstances shown in the argument of this case as ordered.

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