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(영문) 수원지방법원안산지원 2020.12.03 2020고단2634
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

[Criminal Power] On October 29, 2012, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act in the Ansan District Court's Ansan Branch on October 29, 2012.

【Criminal Facts】

On June 17, 2020, at around 04:11, the Defendant driven a G car at approximately 500 meters section from the parking lot in the Heung apartment complex in the Heung apartment complex in the Si of Heung City, to the front of the police box in the same city E, while under the influence of alcohol of 0.134% of blood alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and drinking freeers;

1. Previous convictions in judgment: Criminal history records, repeated statements (A), reports on the results of confirmation before disposition, and application of Acts and subordinate statutes of one summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is based on the following factors: (a) the defendant's previous conviction and his own time and distance from time to time; (b) the driving and detection of drinking alcohol at the time of the instant case; (c) the distance of drinking driving; and (d) the defendant is against his duty to prevent recidivism; (d) the suspended sentence of imprisonment or a heavier punishment is imposed; (e) the defendant is likely to lose his job if he is sentenced to a suspended sentence of imprisonment or a heavier punishment; and (e) all of the sentencing conditions shown in the arguments of the instant case

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