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(영문) 수원지방법원 평택지원 2020.05.29 2019고단2030
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On April 28, 2015, the Defendant was issued a summary order of 1.5 million won by the Seoul Central District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On November 28, 2019, around 21:12, the Defendant driven a DMW 320d car under the influence of alcohol concentration of approximately 0.069% from around 150 meters in a section of approximately 150 meters, from the adjacent road of Ansan-si B, to the adjacent road of Ansan-si.

Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of drinking control;

1. Previous convictions: Application of Acts and subordinate statutes after inquiry;

1. Relevant Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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. The sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is based on a comprehensive consideration of the following factors: (a) the developments leading up to the Defendant’s drunk driving, the criminal records of the Defendant’s same kind, the age, character, conduct and environment, etc.; and (b) the sentencing conditions under Article 51 of the Criminal Act as stated in

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