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(영문) 수원지방법원 평택지원 2021.01.15 2020고단1316
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On June 7, 2019, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong District Court’s Bupyeong-gu.

[Criminal facts] On May 27, 2020, the Defendant driven a F SP car at a level of about 50 meters alcohol concentration of approximately 0.097% while under the influence of alcohol at around 00 meters from the upper corner of the entrance of C in Ansan-si around D to the front corner of D. E.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same kind of power);

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include the following circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and all sentencing factors indicated in the pleadings of the instant case, such as the circumstances after the crime, shall be comprehensively considered, and the sentence shall be determined as ordered.

Unfavorable circumstances: The circumstances that recognize a crime and reflects on the fact that the person has been punished by a fine for driving under the influence of alcohol in 2019: The fact that there is no circumstance that the risks caused by driving are realized due to the fact that the person has been punished by a fine for driving under the influence of alcohol in 2019;

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