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(영문) 수원지방법원 2021.02.18 2020고단4811

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

[Power of crime] On June 11, 2015, the Defendant was issued a summary order of a fine of three million won at the Busan District Court for a crime of violating the Road Traffic Act.

[Criminal facts] On June 20, 2020, the Defendant driven BM car under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.183% from a water source public parking lot located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, to the water source viewing road located in the same Dong from around 100 meters to the water source viewing road.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver making a drinking, keeping records of drinking alcohol measurement, and notification of the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment of such previous summary order);

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, even though the Defendant had been punished for driving under the influence of alcohol, the driving of the instant drinking, and considering the risk of driving under the influence of alcohol to many and unspecified persons, and the purport of the amendment of the amended Act of which statutory penalty is raised, the nature of the relevant crime is not weak.

In addition, the defendant escaped and caused confusion in the trial.

However, taking into account the fact that the defendant is led to confession and reflect, and that there is no criminal record exceeding the fine until it has yet to be punished, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, developments and distance, circumstances after the crime, etc., and various conditions of sentencing as shown in the pleading.