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(영문) 수원지방법원성남지원 2020.12.11 2020고단2591

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On December 7, 2007, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court due to a violation of the Road Traffic Act.

On July 28, 2020, the Defendant, while under the influence of alcohol at around 0.077% of blood alcohol concentration, driven a DNA car from the “Ccafeteria” parking lot located in Gwangju City B from around 100 meters to the “Ccafeteria.”

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

Summary of Evidence

1. Defendant’s legal statement enforcement report, notification of the results of the drinking driving control, circumstantial report of drinking drivers, driver’s license register, comparison with the enemy, and previous records of his ruling on mandatory insurance: Criminal history records, inquiry, and the application of Acts and subordinate statutes of the summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Fine)

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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 the fact that the defendant recognized and reflects the crime, the fact that the figure of drunk driving is not high, the defendant's history of drinking driving is before 13 years, the risk and necessity of punishment, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., and the circumstances revealed in the arguments of this case, such as the defendant's age, character and behavior, environment, motive and consequence of the crime, and the conditions