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(영문) 수원지방법원 2020.11.24 2020고단6322

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On August 8, 2014, the Defendant was issued a summary order of KRW 1,50,000,000 from the Suwon District Court’s Eunpyeong Housing Site as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 25, 2020, at around 18:30, the Defendant driven a D feld car in the state of alcohol alcohol concentration of about 0.129 percent from the section of approximately 3 kilometers from the front of a cafeteria in the mutual influent city B to the front of the construction site in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and notification and output of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, repeated statements (A), previous records of disposition, results of confirmation, and application of Acts and subordinate statutes of the summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under influence of alcohol, the driving of the instant case was done under the influence of alcohol, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the quality of the relevant crime is not weak.

Provided, That the punishment shall be determined as ordered by taking into account the following factors: the defendant's confession and reflect, his/her age, attitude, environment, driving circumstances, distance, circumstances after the crime, etc., and various sentencing conditions shown in the pleading.