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(영문) 수원지방법원 2020.11.26 2020고단5983

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 October 7, 2008, the Defendant was issued a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act in the Ansan District Court's Ansan Branch on October 7, 2008.

【Criminal Facts】

around 03:00 on August 22, 2020, the Defendant driven a car Enish-do while under the influence of alcohol content of about 0.118 percent from the section of approximately 5 kilometers from the front of the “C” road located in the French city B (hereinafter referred to as “C”) to the front of the same city D.

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

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, previous records and results of confirmation of dispositions, 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 concentration was not low; (c) the Defendant acknowledged and reflects the crime; (d) the Defendant did not have any traffic accident; and (e) the previous conviction is a criminal record of a fine in 2008; and (e) the fact that there was no particular criminal record, etc. are considered favorable to the Defendant; and (e) the judgment is rendered as per Disposition by taking into account all other factors favorable to the Defendant