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(영문) 수원지방법원 안양지원 2021.02.05 2020고단1956
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On December 8, 2006, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) from the Chuncheon District Court.

On September 28, 2020, the Defendant driven the EKanche vehicle with approximately 500 meters alcohol content 0.197% under the influence of alcohol from the 500-meter section to the D gas station located in the same Sinan-gu, Sinan-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at home;

1. Notification of the results of regulating driving of drinking alcohol (blood collection result);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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. The defendant, who was sentenced to a sentence, once again driven alcohol while he had a history of fine twice due to drinking.

However, there is no record of imposition of a high-amount fine as the driving force of drinking prior to ten years, the drinking volume, drinking distance, driving circumstances, and all other factors of sentencing indicated in the records shall be determined as the same as the order.

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