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(영문) 수원지방법원 2020.11.12 2020고단4430

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 11 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 26, 2009, the defendant was issued a summary order of one million won by the Suwon District Court due to the violation of the Road Traffic Act.

Nevertheless, at around 00:15 on May 12, 2020, the Defendant driven a rocketing car under the influence of alcohol with approximately 500 meters alcohol concentration of approximately 0.135% from the 500-meter radius to the front road of Suwon-gu D apartment in Suwon-si, Suwon-si, Suwon-si, Suwon-si.

As a result, the defendant, even though he had been punished for a drunk driving, has re-driving and violated it more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Before judgment: Application of the criminal records, summary order and non-prosecution decision, respectively;

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 of the provisional payment order is that a defendant repeats a crime despite the fact that he had been punished once due to drunk driving, a higher level of blood alcohol play concentration, a traffic accident occurred, etc. that are disadvantageous to the defendant. Meanwhile, the defendant recognizes and reflects the crime, and only minor physical damage occurs due to a traffic accident, a minor physical damage occurs due to a traffic accident, a criminal record of the above drunk driving is a criminal record of a fine in 2009, and there is no other criminal record, etc. shall be considered as favorable to the defendant, and all other sentencing conditions in the records of this case shall be considered as ordered.