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(영문) 수원지방법원안양지원 2020.12.16 2020고단1756
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 August 29, 2016, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving in Drinking) in the Gyeyang Branch of the Suwon District Court.

【Criminal Facts】

On August 22, 2020, at around 00:21, the Defendant driven a Cknife car with a blood alcohol concentration of about 0.059% in the section of about 34 km from the insular place in Seongdong-gu Seoul Metropolitan Government to the front day of Mapopo City.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, notification on the results of the control of drinking driving, and making an inquiry into the passenger;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes reporting criminal investigations (the same criminal records against a suspect);

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of fines for criminal facts

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the fact that the defendant recognized the crime, the criminal records, blood alcohol density, driving distance, the age, character and conduct, environment, motive, means and consequence of the crime, etc. of the defendant, and all of the sentencing conditions shown in the argument of the case, including the circumstances after the crime, shall be determined as ordered.

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