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(영문) 수원지방법원 2020.10.22 2020고단4772

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

[Criminal Power] On August 23, 2013, 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 July 5, 2020, at around 16:04, the Defendant driven B-low-income vehicle under the influence of alcohol with approximately 0.118% of alcohol alcohol concentration from around the 4km section in the front of the Dorone reservoir located in the Gigu Giung-gu Giung-gu Gidongdong-si to the front road of the 823 Youngcheon Underground-si, which is located in the Gicheon-si Gidong-si Gidong circulation.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

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 convictions indicated in judgment: Criminal history records, inquiry reports and application of Acts and subordinate statutes of one copy of a summary order;

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 under Article 334(1) of the Criminal Procedure Act, even though the defendant had a record of being punished by a fine due to a drunk driving, was also driving in this case at the same time, the blood alcohol concentration level at the time was considerably high, and the physical damage was caused due to the contact accident. Considering the purpose of the amendment of the Act increased by the statutory penalty, the nature of the crime is not easy.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the defendant's age, attitude, environment, background and distance of driving, drinking volume, damage recovery, circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account various sentencing conditions shown in the records and arguments.