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(영문) 수원지방법원 평택지원 2021.03.12 2020고단1767
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 record] On August 1, 2019, the Defendant was issued a summary order of KRW 2 million as a crime of violating road traffic law in the support of the Daejeon District Court of Daejeon District on August 1, 2019.

[2] On July 15, 2020, the Defendant was under the influence of alcohol level of about 0.038% in a section of about 100 meters from Pyeongtaek-si B through Pyeongtaek-si C, and driven a car volume.

Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the history of driving the same kind of drinking);

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include the following circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and all sentencing factors indicated in the pleadings of the instant case, such as the circumstances after the crime, shall be comprehensively considered, and the sentence shall be determined as ordered.

Unless one year has passed since he had already been punished for driving under the influence of alcohol in 2019, the circumstances favorable to the point that he/she drives under the influence of alcohol at the time when he/she was found to have committed an offense: The fact that he/she recognizes and reflects a crime; the degree of the alcohol concentration level at the time of detection is somewhat higher than the control standards; the driving distance is not long; there is no circumstance that the risks of driving are realized; there is no other criminal records other than the previous one.

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