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(영문) 수원지방법원 안양지원 2020.05.08 2020고단150
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 22, 2007, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court due to a violation of the Road Traffic Act.

On December 14, 2019, at around 00:05, the Defendant driven a Danland under the influence of alcohol concentration of approximately 0.068% from the 2km section from the 00:05 Ansan-si, Annyang-si (hereinafter referred to as the “Mansan-si”) to the C front of the Sinung-si, Sinung-si (hereinafter referred to as the “C front-si”).

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the oral statement of a host driver;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (attached to summary orders for the same type of suspect cases);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 10 million won to 20 million won;

2. Although the defendant, who was sentenced to a sentence, once a fine due to drinking driving, once again drives a motor vehicle, he/she had the ability to drive the motor vehicle, but has shown his/her attitude of 10 years prior to the ten-year period, and has no criminal record exceeding the fine, and all the sentencing conditions indicated in the record shall be determined

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