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(영문) 수원지방법원 안양지원 2020.06.25 2020고단212
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 June 30, 2010, the Defendant was issued a summary order of KRW 1 million by Seoul Southern District Court due to a violation of the Road Traffic Act.

On January 31, 2020, around 20:12, the Defendant driven DB car in the state of alcohol 0.097% of alcohol alcohol level from the front of the convenience store located in Ansan-gu B to the front of the same park toilet.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. A written statement prepared by the defendant E;

1. Notification of the results of the drinking driving control, the results of the crackdown on drinking driving, and the investigation report on the circumstantial statement of a drinking driver (report on the situation of drinking driving) by the reporter;

1. Records before judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes of a 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of applicable sentences under the law] The punishment for the crime of this case committed again, even though the record of punishment due to drunk driving, as stated in the first head of the crime stated in the judgment of the defendant, which was sentenced to a fine of KRW 5 million from KRW 10 million to KRW 8 million, is not easy, and the defendant's blood alcohol concentration level cannot be said to be low, but the defendant's mistake is not recognized, and the distance of drunk driving is not long. The defendant's mistake is fair in the sentencing of the court for the same crime, and the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances before and after the crime, etc. shall be determined as per the disposition.

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