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(영문) 수원지방법원 안양지원 2021.03.25 2020고단2221
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Power of crime] On January 6, 2012, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (e.g., refusal of alcohol measurement) in the support for the development of the Suwon method.

[Criminal facts] On October 19, 2020, the Defendant driven a Epoter II cargo vehicle with approximately KRW 100m alcohol concentration of about 0.118% in blood, while under the influence of alcohol at approximately 0.18%.

Accordingly, the Defendant was driving in violation of the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report (1) and (2), a suspect driver's fluor fluor fluor fluor, a statement report on the circumstances of the driver's fluor and a record of drinking measurement;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order;

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. 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 is that the Defendant had a history of driving alcohol in 2003 and 2004, and even if he was sentenced to a fine by refusing to measure the drinking alcohol in 2012 and was sentenced to a fine, the Defendant again driven the driving of the vehicle and caused an accident on the road.

However, considering all the circumstances shown in the records of this case, such as the fact that the defendant is against the defendant, the punishment as ordered shall be determined.

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