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(영문) 수원지방법원 안양지원 2021.03.30 2020고단2497
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

On August 9, 2013, the Defendant was sentenced to a fine of 3.5 million won due to a violation of the Road Traffic Act (driving) in the support for the development of a water source method source.

On December 1, 2020, the Defendant driven a B rocketing car at the section of approximately 6km from the section of 21:20 meters up to the 1st century, where he was under the influence of alcohol content 0.139% during blood transfusion, and where he was under the influence of alcohol in Suwon-si’s territory, the Defendant driven the B rocketing car at the section of approximately 6km from the section of the month where he was under the influence of alcohol content 0.139%.

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

Summary of Evidence

1. The defendant's legal statement booms images and photographs at the scene of the accident;

1. Notification of the results of regulating the driving of drinking alcohol, report on the situation of the driver of drinking alcohol, and result of alcohol concentration in the blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of Acts and subordinate statutes on investigation reporting (a copy of summary order);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [the scope of the applicable sentences under the law] The punishment amount of KRW 5 million to KRW 10 million shall be imposed [the sentence], and the first head stated in the criminal facts in the judgment of the Defendant, despite the fact that the Defendant had been punished for driving under drinking, the liability for the crime of this case driving under drinking is not easy. However, although the Defendant's blood alcohol concentration, the Defendant's mistake is recognized, and there are no particular criminal records except driving, the distance of driving under drinking, the distance of the court's sentencing for the same kind of crime, equity in the sentencing of the Defendant's age, sex, environment, circumstances of the crime, circumstances before and after the crime, etc., the punishment shall be determined as ordered by taking into account various sentencing conditions such as the Defendant's age, sex, and circumstances before and after the crime.

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