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(영문) 수원지방법원 안양지원 2021.02.05 2020고단1832
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 September 12, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving), and a summary order of KRW 2 million for the same crime at the Seoul Southern District Court on September 20, 201.

On September 18, 2020, the Defendant operated a F-Wurged Automobile with alcohol content of 0.129% in the 15km section from the front of the “C,” located in the Sindong-si B at Ansan-si, to the E-dong parking lot.

As a result, the Defendant violated the prohibition of drinking driving, but again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

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

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. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse;

1. Scope of applicable sentences under law: Fines of 10 million won to 20 million won;

2. The defendant, who was sentenced to a sentence, once again driven alcohol while he had a history of fine twice due to drinking.

However, it is recognized that the drinking driving power is wrong, and there is no record of imposing a high-amount fine as the previous nine years, there is no criminal record exceeding a fine, and other all kinds of sentencing conditions shown in the records shall be determined as the sentence like the order.

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