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(영문) 수원지방법원 안산지원 2020.01.16 2019고단3761
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On December 3, 2007, the Defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act in the Ansan District Court's Ansan Branch on December 3, 2007, and on October 15, 2019, the Defendant filed a summary order with the Suwon District Court's Ansan Branch for a crime of violation of the Road Traffic Act (driving).

On November 8, 2019, the Defendant was issued a summary order of KRW 10 million for the crime of violation of the Road Traffic Act in the Suwon District Court's Ansan Branch.

【Criminal Facts】

On September 23, 2019, around 21:11, the Defendant driven an EMW car in the state of alcohol with approximately 10km alcohol concentration of 0.035% from the 10km section to the front road of the Defendant’s house located in Silung-si B from the front road of the Defendant’s house located in Silung-si B to the front road of the “D” located in Silung-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act 3 times.

Summary of Evidence

1. Defendant's legal statement;

1. Consent to and confirmations on blood collection, and requests for a state and an appraisal;

1. Investigative report (report on the circumstances of a drinking driver), report on the driving of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, reference records, attachment of written judgments, summary name order, etc., No. 2007 high-level and summary name order, No. 27906, and report on results of confirmation of the previous dispositions (A);

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

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the fact that the defendant recognized the crime and made a mistake, the defendant appears to have been able to drive in a night after about 17 hours after drinking, and the defendant's criminal records, blood alcohol density, driving distance, past driving distance, distance between the crime of drinking alcohol and the crime of drinking alcohol and the time interval between the crime of this case and the crime of this case, the punishment shall be determined as per the order, comprehensively taking into account the following factors:

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