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(영문) 수원지방법원 2020.11.27 2020고단6663

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On April 20, 201, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court due to a violation of the Road Traffic Act.

On September 3, 2020, the Defendant, while under the influence of alcohol as above, driven a motor vehicle B at approximately 300 meters away from the back side of the water center in Suwon-si, Suwon-si, to the front road of the viewing distance located in the Suwon-si, Suwon-si, Suwon-si, to the front road of the viewing distance located in 241.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Notification of records of drinking alcohol measurement, results of the regulation of drinking driving, circumstantial statements of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);

1. Records of ruling: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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 is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to the drinking alcohol in this case.

However, the defendant recognized the crime of this case and divided his mistake, the defendant's drinking driving record has passed for more than nine years from the date of the crime of this case, and the defendant has no record of criminal punishment other than three times of fine, and the defendant has no record of criminal punishment. Other circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, the circumstances after the crime of this case, etc., shall be determined as per the order, taking into account the various circumstances, which