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(영문) 수원지방법원 2020.11.26 2020고단5777

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On September 11, 2006, the Defendant was issued a summary order of 500,000 won by the Seoul Central District Court for the crime of Road Traffic Act.

【Criminal Facts】

On August 7, 2020, the Defendant was under the influence of alcohol of 0.084% with blood alcohol concentration of 0.084%, and the Defendant driven a Fworksta car at a section of about 100 meters from the direction of E in the direction of E located in Manae-gu C to the direction of E.

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. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of previous records and a copy of summary order), and application of one copy of summary order 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 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 fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order committed a second offense despite the fact that the defendant had been punished once due to drunk driving, etc. is disadvantageous to the defendant. Meanwhile, the fact that the defendant recognized the crime and is against the truth-finding, the traffic accident did not occur, the criminal record of the above drunk driving is the criminal record of a fine for 2006, and there are no other criminal records, and the fact that the above criminal record does not have any other criminal records, the fact that the blood alcohol level was not high, shall be considered as favorable to the defendant, and the decision is made as per the Disposition, taking into account all other sentencing