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(영문) 수원지방법원 2020.08.20 2020고단1965
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On September 30, 2019, the Defendant was subject to a disposition of fine of KRW 4 million in support of hydrosung Nam as a violation of the Road Traffic Act (driving).

Although the Defendant had a record of drinking driving, etc. as above, around January 14, 2020, at around 23:13:13, the Defendant driven a vehicle for Ethball riding in the state of under the influence of alcohol for approximately 2 km from the vicinity of Emball B apartment to the roads in Osan City, Osan City. C.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. A written appraisal request, a written report and an appraisal of the blood alcohol concentration;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report accompanied by a summary order for the same kind of crime as a suspect);

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant committed a second offense despite the fact that the Defendant had been punished for a drunk driving in 2019; (b) the fact that the blood alcohol level was high; (c) the Defendant recognized and reflects the Defendant’s crime; (d) the Defendant did not have any traffic accident; and (e) the previous offense of a drunk driving is the previous offense of a fine; and (e) the fact that there was no other criminal conviction, etc., are considered as favorable to the Defendant; and (e) the decision is rendered as per Disposition by taking account

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