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(영문) 수원지방법원평택지원 2020.11.13 2020고단1037
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

[Criminal Power] On August 18, 2006, the Defendant was issued a summary order of KRW 700,000 by the Incheon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

At around 02:30 on April 18, 2020, the Defendant, while under the influence of alcohol 0.184% under the influence of alcohol, driven DK5 cars at approximately 500 meters from the front of the building in Pyeongtaek-si to the front of Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driving of a driver, the circumstantial statement of the driver, and the investigation report (the circumstantial report of the driver);

1. Notification of the result of crackdown on drinking driving;

1. Scenic photographs;

1. Traffic information collection device (ATms) video CDs;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes on attached data;

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

1. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc.:

The circumstances that are disadvantageous: Re-driving of a motor vehicle despite the past record of punishment for a drunk driving; the circumstances leading to the detection; and the degree of the degree of danger of driving in light of the blood alcohol concentration at the time: The recognition of and reflects the crime; re-offending after a considerable period of time from the time of the previous previous record; and there is no other criminal records other than the previous record.

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