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(영문) 수원지방법원 2020.07.23 2019고단6360

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

[criminal power] On October 17, 2018, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Suwon District Court on October 17, 2018.

【Criminal Facts】

Despite the fact that the Defendant violated the provision on the prohibition of drunk driving as above, the Defendant driven a f-hurd motor vehicle under the influence of alcohol 0.079% of alcohol concentration 0.079% at a distance of about 700 meters from the roads adjacent to the “C” in Suwon-si, Suwon-si, Suwon-si, to the roads adjacent to D, at around 00:33, October 17, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the report on circumstantial statements of a drinking driver and the control results of drinking driving;

1. Before judgment: References to criminal records, references to criminal records, report on the results of confirmation before disposition, and application of Acts and subordinate statutes of a 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 the influence of alcohol in 2018, the driving of the instant case was done under the influence of alcohol. Considering the risk of driving under the influence of the majority and the purport of the amendment of the amended Act of which the statutory penalty is raised, the nature of the crime is not easy.

In addition, the defendant escaped and caused confusion in the trial.

However, considering the fact that the defendant is deemed to have led to his/her confession during the period of detention in the quantity of a month, the fact that there is no previous conviction in excess of the fine, etc., the defendant's age, attitude, environment, driving circumstances, distance, circumstances after the crime, etc., and the various sentencing conditions shown in the records and arguments shall be determined as ordered.