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(영문) 수원지방법원안산지원 2020.08.04 2020고단717
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On November 19, 2012, the Defendant was issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in an Ansan District Court's Ansan Branch for the Defendant's violation of the Road Traffic Act.

On December 22, 2019, at around 12:10, the Defendant driven C Poter Cargo Vehicles at a distance of about 2 km from 0.060% of alcohol concentration from the Silung-dong to B of the same Si from the Silung-dong to the Silung-dong.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Previous records of the defendant's legal statement, situation statement, and previous records of his/her ruling whether the defendant has made a statement: Criminal records, etc., and the application of Acts and subordinate statutes attached to written judgments;

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

1. Article 53 and Article 55(1)6 of the Criminal Act for discretionary mitigation (Article 55(1)6 of the Act on Discretionary Mitigation (the so-called “permissible driving” which is deemed to have been controlled while driving after drinking alcohol and taking into account the fact that the Defendant’s values in drinking alcohol are relatively low while driving alcohol);

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

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

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