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(영문) 수원지방법원 안산지원 2020.04.09 2020고단102
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On November 18, 2010, the Defendant was issued a summary order of KRW 1 million by Seoul Southern District Court due to a violation of the Road Traffic Act.

On October 31, 2019, the Defendant driven D SP car at a distance of about 1 km from around 22:0 to the front road of the Silung City, from around 0.160% of alcohol concentration in the blood alcohol level from October 31, 2019.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, report on the results of a drinking test, appraisal report on blood alcohol, and report on the detection of a drinking driver;

1. Previous records of judgment: Criminal records, etc. and the application of Acts and subordinate statutes attaching written judgments;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the defendant's records (one time prior to the driving of drinking, ten years prior to the driving of drinking, fine of one million won at the time, fine of one million won at the time, and 0.117% at the time), drinking volume (0.128% after the measurement of smoking and collecting blood, 0.160% after the appraisal of blood), the circumstances after the crime (i.e., confession and reflect), economic circumstances, family relations, and other various circumstances shown in the pleadings of this case, and the sentence as ordered.

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