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(영문) 수원지방법원 안산지원 2020.04.16 2020고단649
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 30, 2016, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Busan District Court.

Although the Defendant violated the prohibition of drunk driving as above, the Defendant driven a motor vehicle with Dentd in the state of under the influence of alcohol 0.075% with approximately 70 meters from the B around Silung-si, B around December 17, 2019 to the C front of Silung-si, in a state of under the influence of alcohol level of about 0.075%.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes reporting criminal investigations (verification of the same records as A of a suspect);

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 various factors of sentencing, including the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., taking into account the risk inherent in the drinking driving itself, the defendant’s previous drinking records, the blood alcohol level at the time of the instant case, and the section of the drinking driving, and the sentence shall be determined as per the order,

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