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(영문) 수원지방법원 2020.06.18 2020고단1449

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On May 9, 2013, the Defendant was issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in the Sung-nam branch of Suwon District Court.

Nevertheless, at around 08:30 on February 24, 2020, the Defendant driven the EMW car at the section of approximately 1 km from the Gamb apartment in the Gamb apartment in the Gamb apartment in the Gambol-si to the front of the same Gu C apartment D, while under the influence of alcohol level of 0.01%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the Defendant was sentenced to a fine due to a drunk driving, but was also driving under the influence of alcohol in this case.

Although a considerable time has passed after drinking, the blood alcohol concentration level was not lowered, and the risk of the occurrence of the accident occurred due to the locking on the road while driving the road, and the quality of the crime is less than that of the crime.

subsection (b) of this section.

However, considering the fact that the defendant's mistake is recognized and depthed, the fact that there is still no previous conviction exceeding the fine, etc., the defendant's age, attitude, environment, driving background and distance, blood alcohol concentration, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of various sentencing conditions shown in the records and arguments.