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(영문) 수원지방법원 평택지원 2021.02.19 2020고단1682
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a fine of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Suwon Friwon on November 30, 2007.

[2] On June 20, 2020, the Defendant, starting from the front side of Pyeongtaek-si B B lending on June 20, 2020, driven a car with approximately 2 km of about 0.047% alcohol level during blood while under the influence of alcohol leveling to 0.047%.

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. A written appraisal;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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.

Unfavorable circumstances: The circumstances that are favorable to the driving of a second alcohol after being punished for driving of alcohol: The fact that the crime is recognized and reflected, the degree of alcohol concentration level at the time of detection is somewhat higher than the control standard, there is no circumstance that the risks of driving are realized, and recidivism after a considerable period of time has elapsed from the time of the previous previous conviction.

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