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(영문) 수원지방법원 2020.09.24 2020고단3295

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

[Criminal Power] On November 2, 2015, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 2, 2020, at around 02:47, the Defendant driven a F rocketing car at approximately 10km from the front side of the “Cju” and “Cju” road to the front side of the E Convenience point located in D in the Evexian City, while under the influence of alcohol by 0.083% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (previous and confirmation), and application of Acts and subordinate statutes governing summary orders;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant re-offending a crime despite the fact that the Defendant had been punished once due to drunk driving; and (b) the fact that the blood alcohol level was not low; (c) the Defendant recognized and reflected the Defendant’s crime; (d) the Defendant did not have any traffic accident; and (e) the previous conviction of the above drinking driving is the previous conviction of a fine; and (e) the fact that there was no other criminal conviction, etc., are considered as favorable to the Defendant; and (e) the decision is rendered as per Disposition