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(영문) 수원지방법원 평택지원 2021.02.26 2020고단1816
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[criminal history] On September 28, 2012, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Suwon District Court on the grounds of the violation of the Road Traffic Act.

[2] The Defendant 1 driven B G35 vehicle while under the influence of alcohol level 0.034% from July 12, 2020 on July 12, 2020 to the front day of Pyeongtaek-si 683 Tong-dong 683 Tong-dong, while the Defendant 1 had been punished for drinking driving once. The Defendant 1 driven B G35 vehicle while under the influence of alcohol level 0.034% from the blood level around July 12, 2020 and proceeded with approximately 2 km from the front day in Pyeongtaek-si

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, report-based previous convictions, and results of confirmation;

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. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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.

The circumstances that have already been punished for driving under the influence of alcohol but are favorable to driving under the influence of alcohol: The fact that the crime is recognized and reflected, and that the alcohol concentration level at the time of detection was somewhat higher than the control standard. In light of such a drinking level and the control circumstances, it is deemed to have driven after a considerable time from the time of drinking, there is no circumstance that the risks caused by driving are realized due to the case discovered by the mere control of drinking, and recidivism after a considerable period of time has passed from the time of the previous conviction.

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