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(영문) 수원지방법원평택지원 2020.08.14 2020고단328

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On October 17, 2014, the Defendant was notified of a summary order of a fine of KRW 2 million for the crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong site.

On January 4, 2020, at around 05:15, the Defendant driven a Grand Correspoon under the influence of alcohol concentration of about 0.072% from the front line of convenience stores at places where it is impossible to identify the truth of Pyeongtaek-si, the lower court, at approximately 1km to Pyeongtaek-nam-ro 767 Masan-ro.

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. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and the application of statutes governing attached data;

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. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc.:

The circumstances that are disadvantageous: The fact that the driver re-drivings a motor vehicle even though he had the record of punishment for driving under the influence of alcohol, the circumstances that make the risk of a traffic accident realized while driving under the influence of alcohol: The recognition of the crime and reflects it: The fact that there is no other criminal record than the previous record of