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(영문) 수원지방법원안산지원 2020.11.12 2020고정767
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On June 23, 2010, the Defendant was sentenced to a fine of two million won by the Incheon District Court as a violation of the Road Traffic Act.

Although the Defendant violated the provision prohibiting driving under the influence of alcohol, at around 00:30 on May 6, 2020, the Defendant driven Denz E220d motor vehicles at approximately 100 meters from the Sindo-dong from Sinsi-si to the front roads located in Singu-si B, Sinung-si, with a alcohol content of 0.138%.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Relevant Acts concerning facts constituting a crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose a penalty;

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

1. Taking into account the risks inherent in the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the defendant's previous drinking power (10 years prior to the date of the instant judgment), the blood alcohol level at the time of the instant judgment, and the section of the drunk driving (which appears to have been used by proxy driving from the Incheon, the place of drinking according to the defendant's statement to the point of view), and comprehensively taking into account various factors of sentencing, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime

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