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(영문) 수원지방법원 안양지원 2020.06.25 2020고단627
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On December 29, 2009, the Defendant was issued a fine of KRW 2 million by the Seoul Central District Court for a violation of the Road Traffic Act.

On March 17, 2020, the Defendant driven a motor vehicle with an E Spoty in the influence of alcohol level of about 0.127% from the area of approximately 700 meters in front of the Gu D Building to the road in front of the same Gu, from the Kpoty in Ansan-si, the Defendant driven a motor vehicle under the influence of alcohol level of about 0.127%.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving, inquiry into the results of the crackdown on drinking driving, report on the situation of drinking driving, and on-site photograph of the circumstantial report on drinking drivers;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes on investigation reports (the same criminal records against a suspect);

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of applicable sentences under the law] The criminal liability for the crime of this case, which re-drivings a motor vehicle even though the defendant had the record of being punished for drinking under the influence of alcohol as stated in the first head of the criminal facts stated in the judgment of the court, is not less severe, and the defendant's blood alcohol concentration level cannot be said to be less low. However, if the defendant is sentenced to imprisonment in this case, the defendant's mistake is recognized and the defendant's fault is deemed to be retired from his workplace, the distance of driving under the influence of alcohol, equity in the court's sentencing for the same crime, the balance in the court's sentencing for the same crime, and the situation that the defendant tried not to prevent re-offending, such as selling the motor vehicle after this case, shall be determined by taking into account all the circumstances such as the defendant's age, character and conduct, circumstances, and circumstances before and after the crime, etc.

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