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(영문) 수원지방법원 안산지원 2020.04.16 2020고단223
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 November 29, 2017, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court.

Although the Defendant violated the provision prohibiting drinking driving as above, the Defendant driven a DNA-type vehicle under the influence of alcohol level of 0.124% at a section of approximately 200 meters from the 200-meter upstream-gu, Ansan-si, Ansan-si, Masan-si, the upper part of the B market, at around 22:00 on November 16, 2019.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual state of the driver;

1. Each report on investigation;

1. Previous convictions: References to criminal records and application of Acts and subordinate statutes concerning investigation reports (verification of suspect criminal records);

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. The sentencing order under Article 334(1) of the Criminal Procedure Act is based on the risks inherent in the driving under influence of alcohol per se, the defendant's previous drinking power (the fine of two million won in 2017), the blood alcohol level at the time of the instant case, and the section of driving under influence of alcohol, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and other factors of sentencing as ordered.

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