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(영문) 수원지방법원안산지원 2020.09.24 2020고단3261
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On March 24, 2017, the Defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on March 24, 2017.

On July 13, 2020, at around 21:15, the Defendant driven a 0.050% alcohol concentration at a 0.050% alcohol level on the street in front of C in the Dong-gu, Ansan-si, the Defendant driven a n’n car at approximately 1m volume.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. On-site photographs of the defendant's legal statement, notification of results of the drinking driving control, records of drinking alcohol measurement, and circumstantial statements of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (examination of the same kind of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning criminal facts and Articles 148-2 (1) of the option of punishment: Selection of a fine ( spite of high possibility of criticism that a person has committed a crime, confessions is made, and there is no excess penalty power exceeding the fine. The distance of driving under the influence of alcohol is only one meter, contact the victim of the collision with the victim of the collision in advance, and there are circumstances to be considered in the course of recognition of the case, etc., the decision of a

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;

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