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(영문) 수원지방법원 안양지원 2021.02.05 2020고단1893
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 14 million won.

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

Reasons

Punishment of the crime

On April 13, 2011, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court due to a crime of violating the Road Traffic Act (drinking).

On August 31, 2020, the Defendant driven Dex vehicles with alcohol concentration of approximately 0.334% from the 1.6km section of approximately 1.6km to Goyang-si C at the time of Goyangyang-si around 23:00 to Goyang-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse;

1. Scope of applicable sentences under law: Fines of 10 million won to 20 million won;

2. Although the defendant who was sentenced to a sentence had a history of fine once due to drinking, he/she again driven alcohol, the drinking volume is very high to 0.334%, and the risk of traffic on the road has been realized.

However, it is recognized that the drinking driving power is wrong, and there is no record of imposing a high-amount fine as the previous nine years, there is no criminal record exceeding a fine, and other all kinds of sentencing conditions shown in the records shall be determined as the sentence like the order.

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