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(영문) 수원지방법원 2020.09.18 2020고단3698

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 16,000,000 won.

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

Reasons

Punishment of the crime

[criminal power] On April 5, 2013, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving on a sound driving) from the Suwon District Court within the jurisdiction of the Suwon District Court.

【Criminal Facts】

On May 2, 2020, around 23:05, the Defendant driven an E-motor vehicle under the influence of alcohol level of about 0.198% in the section of about 33 km from the near of Geumcheon-gu Seoul Metropolitan Government to the front road located in Suwon-si, Suwon-si, Suwon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, a circumstantial report on a drinking driver, a report on the results of respiratory measurements, and a report on the results of crackdown on drinking;

1. Photographs taken at the time of crackdown;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to a summary order of the same kind of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the defendant had been punished for drunk driving as stated in its reasoning, committed again the crime of this case. The defendant's blood alcohol concentration was very high at the time of the crime of this case, in light of the speech, walking condition, and the process of detection, the defendant's traffic risk was very high, and the distance of drunk driving is very high is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes the crime of this case is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.