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(영문) 수원지방법원 2020.05.21 2020고단181

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On August 22, 2012, 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 December 4, 2019, at around 07:39, the Defendant driven an Epoter Ⅱ in the state of alcohol with approximately 400 meters alcohol concentration of approximately 0.057% from the road in front of the dwelling of the Defendant located in Suwon-si, Suwon-si B to the day before the Damaart in the same Gu C.

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: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant committed a second offense despite the fact that the Defendant had been punished twice due to drunk driving; and (b) the occurrence of a traffic accident, etc. are disadvantageous to the Defendant; (c) the Defendant is recognized and against the Defendant; (d) the Defendant committed a crime; (c) the Defendant is each criminal record of a fine; (d) there is no particular criminal record; (e) the Defendant is no other criminal record; (e) the degree of blood alcohol level is high; and (e) the so-called well-known driving is deemed to have high; and (e) the occurrence of human life damage caused by a traffic accident is considered as favorable to the Defendant;