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(영문) 수원지방법원평택지원 2020.10.30 2020고단583
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

[criminal power] The defendant had the record of being suspended from indictment for the violation of the Road Traffic Act at the Cheongju District Prosecutors' Office on June 10, 2019.

【Criminal Facts】

On February 16, 2020, at around 05:00, the Defendant driven a D-to-purd vehicle with approximately 100km alcohol concentration of 0.132% from the section of about 100km to the road of the C stop (studio) located in the Gyeonggi-do, Incheon.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and notification of the result of drinking control;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (verification of the previous suspension of indictment of a suspect) and Acts and subordinate statutes;

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 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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