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(영문) 수원지방법원 2020.11.27 2020고단5655

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On February 8, 2017, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) from the Suwon District Court.

【Criminal Facts】

On August 11, 2020, the Defendant driven Cbenz car in a state of alcohol alcohol concentration of about 0.149% at the section of about 100 meters from the 100 meters from the 22:17 G underground parking lot in Yong-gu to the entrance of the above parking lot.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. Detection site photographs;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to a summary order of the same kind of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. The Defendant again committed the instant crime even though he/she had the record of being punished twice due to drinking driving, including the previous conviction in the judgment of the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and the fact that there is no motive or circumstance to consider the commission of the instant crime is unfavorable to the Defendant.

On the other hand, the fact that the defendant recognizes the crime of this case is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.