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(영문) 수원지방법원안산지원 2020.10.23 2020고단3204
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On October 30, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Ansan District Court's Ansan Branch on October 30, 2008.

【Criminal Facts】

On June 27, 2020, at around 01:12, the Defendant driven an E-motor vehicle while under the influence of alcohol with approximately 0.053% of alcohol level 0.053% over a section of about 50 meters from the road in the Silung City B, to the road near D Real Estate located in the same city C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, inquiry into the control of drinking alcohol, and output;

1. Previous records of judgment: Application of criminal history records, investigation reports (report on the same criminal records and confirmation of the suspect)-related 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. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 10 years have passed since the punishment for the same kind of power was relatively low, and considering the short driving distance);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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