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(영문) 수원지방법원 2020.11.26 2020고단5988

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 13 million.

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

Reasons

Punishment of the crime

[Criminal Power] On January 31, 2018, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 01:40 on July 30, 2020, the Defendant driven the E QM6 car under the influence of alcohol level of about 0.208% in the section of about 7km from the front of Gangnam-gu Seoul to the front of D located in Seocho-gu Seoul, Seoul.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes of one summary order;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant committed a second offense despite having been punished once 2018 due to drunk driving; (b) the fact that the blood alcohol level is very high; (c) the Defendant acknowledged and seriously reflects the Defendant’s crime; (d) the Defendant did not have any traffic accident; and (e) the fact that the above drinking driving criminal is the previous offense of a fine; and (e) the fact that there is no other criminal conviction, the above drinking driving criminal record is the previous offense of a fine; and (e) the fact that there is no other criminal record in all other criminal records in the records of this case