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(영문) 수원지방법원 2020.02.20 2019고단5914

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 May 8, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) in the Daegu District Court's Ansan-dong branch on May 8, 2008.

【Criminal Facts】

On September 22, 2019, around 20:20:25, the Defendant driven a D low-speed car with a alcohol level of about 1 0.11% in the section of approximately 1km from the 55 stalle road, which is located in the 167 G, G, to the front road in C, located in G.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the situation of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report on the confirmation of the same kind of power) and other Acts and subordinate statutes;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed a second offense even though he/she was subject to criminal punishment due to drunk driving, and the Defendant also committed a second offense related to traffic, such as driving without a license.

In addition, the blood alcohol concentration level at the time was significant, and the traffic accident occurred, and the nature of the crime is not weak.

However, in consideration of the fact that the defendant is led to confession and reflect, and that both the above previous and previous departments have been prior to 10 years, a fine shall be selected only once, taking into account the defendant's age, attitude, environment, developments and distance, circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account various sentencing conditions in the records and arguments, including the defendant's age, attitude, circumstances