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(영문) 수원지방법원 2021.03.25 2020고단7574
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

[Power of crime] On December 23, 2016, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Youngcheon District Court’s Young-gu branch on December 23, 2016.

[2] On August 1, 2020, around 05:10 on August 1, 2020, the Defendant driven a D low-water car under the influence of alcohol leveling 0.049% of alcohol leveling from approximately 50km to the roads in the Geung-gu, Gyeonggi-gu, Gyeonggi-si, Gyeonggi-do to the roads in front of the Gyeonggi-gu, Gyeonggi-do.

Accordingly, the Defendant violated the provision prohibiting driving of drinking or refusing to measure drinking under the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries into the results of internal investigation report (the alcohol concentration in the blood of a suspect) and the control of drinking driving;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation reports (the same kind of force), and application of the statutes governing summary orders;

1. Relevant legal provisions concerning criminal facts and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of fines (it has the record of having been suspended from execution due to driving under the influence of alcohol in 2001, and thereafter has been punished for a fine due to driving under the influence of alcohol in 2016, considering the following circumstances: (a) the pertinent provision on criminal facts; (b) the degree of punishment imposed by a fine due to driving under the influence of alcohol in 201; and (c) the level of alcohol is higher than 0.049%; and (d

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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