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(영문) 수원지방법원 안양지원 2021.01.07 2020고단2051
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On February 3, 2016, the Defendant received a summary order of KRW 1,50,00,000 as a crime of violating the Road Traffic Act (driving) in the support for the development of the methods of water sources.

On September 29, 2020, the Defendant driven a FMW 528i xD vehicle from around 50 meters to the front way of “E” from a permanent permanent resident in front of the military hospital C, located in Mapo-si B, under the influence of alcohol level of 0.092% during blood transfusion around 00:28.

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. Statement by the defendant in court;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of the driver under the influence of alcohol, notification on the results of regulating the driving of alcohol, and output of drinking measurement;

1. Photographs photographs at the control site;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [the scope of the applicable sentences under the law] The punishment amounting to KRW 5 million to KRW 10 million (the decision of sentencing] is 6 million as stated in the first head of the criminal facts indicated in the judgment of the Defendant, but the criminal liability for the crime of the instant case driving a re-driving a re-driving even though he had the record of being punished for driving under drinking as stated in the first head of the criminal facts, is not easy, and the defendant's mistake is recognized, and the defendant's mistake is recognized, the distance of driving the vehicle, the distance of the court's sentencing for the same kind of crime, equity in the sentencing of the defendant's age, sex, environment, circumstances, circumstances before and after the crime, etc. shall be determined as

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