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(영문) 수원지방법원 안양지원 2020.04.03 2020고단80
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On March 13, 2009, at the Suwon District Court issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on March 15, 2013, the Defendant issued a summary order of KRW 2 million as a fine for the same crime from the Ansan Branch of the Suwon District Court as the same crime, and on December 20, 2013, the Defendant was sentenced to a suspended sentence of KRW 2 million for the same crime in the same court.

At around 22:50 on December 10, 2019, the Defendant driven C benz car while under the influence of alcohol concentration of 0.087% in a portion of approximately onem of the front road B in Ansan-si.

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. Statement of the status of the driver;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (proving three times the suspect's records of drinking alcohol driving);

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (Article 334(1) of the Criminal Procedure Act (Article 334(1) of the defendant's defense counsel asserts to the effect that the act of drinking alcohol constitutes an emergency evacuation or a justifiable act as stated in the judgment of the defendant, but it is difficult to view that the act of drinking alcohol constitutes an emergency evacuation or a justifiable act because it is difficult to view that the act of drinking alcohol to move another person's animals constitutes an emergency

1. Scope of applicable sentences under law: Fines of five million won to ten million won;

2. Determination of sentence: A vehicle which a fine of five million won is being imposed on the defendant who has been punished for driving under drinking three times even though he/she had the record of being punished for driving under drinking: Provided, That the defendant is waiting for being assigned a proxy engineer.

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