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(영문) 수원지방법원 안산지원 2021.03.22 2020고정1112
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 history] On April 8, 2014, the Defendant received a summary order of KRW 4 million as a crime of violating Road Traffic Act (drinking driving) at the Seoul Southern District Court (Seoul Southern District Court).

[2] The Defendant’s blood alcohol concentration at around 11:17 on September 20, 2020, according to the Defendant’s written appraisal of about 0.035% from the 2km section from Dong to B in front of the same city, at the time of the measurement, the Defendant’s blood alcohol concentration at the time of the measurement was 0.030%, or according to the aforementioned drone formula, the blood alcohol concentration at the time of drinking driving was 0.035%.

A rocketing car was driven while under the influence of alcohol.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving a drinking, a report on the circumstances of a driver driving a drinking, a report on the results of measurement of drinking alcohol, and an appraisal report on the results of crackdown on driving alcohol;

1. Investigation report (report on the situation of the driver in charge of the vehicle), investigation report (the result of blood extraction), investigation report (Attachment to an appraisal report on alcohol concentration in the blood), investigation report (reproduction of alcohol concentration in the blood); and investigation report (reproduction of alcohol concentration in the blood);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the previous confirmation);

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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