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(영문) 수원지방법원 2020.10.29 2020고단5607

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On January 16, 2019, the Defendant driven a E sm3 vehicle under the influence of alcohol content of about 0.140% from July 27, 2020 to D on the road in Suwon-gu, Suwon-si, Suwon-si, Suwon-si, Seoul-si, around 00:05, the Defendant driven a sm3 vehicle under the influence of alcohol content of about 0.140% from around 2.7km to D on July 27, 2020.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes, such as criminal history records, inquiry reports (A), investigation reports (verification of the period of repeated crime of a suspect and the same kind of power), judgment, summary order, etc.;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being punished for a drunk driving in 2019, and the defendant was sentenced to seven months of imprisonment with prison labor for an injury, etc. at the Suwon District Court on January 25, 2019 and completed the execution of the sentence in the Suwon Detention House on June 2, 2019.

Even though it is still under way, the crime of this case is committed as an obvious intentional crime, and considering the risk of drinking driving to many and unspecified persons, and the purpose of the amendment of the amended law increased by statutory penalty, the quality of the crime is not weak.

However, after considering the fact that the defendant is led to confession and reflect, that the defendant is the last head during the repeated crime period in this court, and other various sentencing conditions shown in the records and arguments, such as the age, attitude, environment, driving background and distance of the defendant, and the circumstances after the crime, the punishment shall be determined as ordered.