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(영문) 수원지방법원 안양지원 2021.02.19 2020고단2145
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 1, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court.

On October 23, 2020, the Defendant driven a e-burpted vehicle with alcohol concentration of about 500 meters from the entrance of the B market located in Ansan-si, Ansan-si, to the front road of D gas stations located in Ansan-gu, Ansan-si, Ansan-si, with alcohol concentration of about 0.113% at around 50 meters.

Accordingly, the Defendant violated the prohibition of driving under the Road Traffic Act 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 (report on the same criminal history of the suspect) statute;

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 a fine due to drinking driving, once again drives a drinking alcohol.

However, the sentence shall be determined as ordered by taking into account the fact that there is no previous conviction in Korea in addition to the above one-time fine, drinking volume, driving distance, and other various sentencing conditions.

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