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(영문) 수원지방법원 안산지원 2019.10.11 2019고단2769
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On July 25, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) at the Ansan District Court's Ansan Branch on July 25, 2013.

【Criminal Facts】

On July 15, 2019, around 08:45, the Defendant driven a FMW 320d car under the influence of alcohol concentration of approximately 0.103% 0.103% in the section of about 19km from the front of the branch office of C Bank D to the front road of Ansan-si, Ansan-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report on confirmation of the same kind of power) and Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The circumstances favorable to the fact that a person has been subject to criminal punishment for a drunk driving in 2013, despite the fact that he/she had a record of being subject to criminal punishment for a drunk driving in 2013, there are grounds to consider the process of detection of a drunk driving (the process of detection of a drunk driving) and the time of detection (the time of the detection of a drunk driving) and the time of detection (the time of the detection of a drunk driving). The fact that there is no record of criminal punishment after the driving of the above drunk driving, and the fact that there is no record of criminal punishment for the defendant's age

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