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(영문) 수원지방법원 2020.05.07 2020고단472

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

[Criminal Power] On September 14, 2018, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the Daejeon District Court’s Support for Incheon District Court.

【Criminal Facts】

around 08:10 on January 10, 2020, the Defendant driven CMW car under the influence of alcohol concentration of about 0.072% in the section of about 100 meters from the front of the water zone B in Yongsan-si to the underground parking lot of the above building.

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 statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant was punished by a fine due to a drunk driving in the last time. In addition, considering the risk of the occurrence of the accident resulting therefrom and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not exceptionally.

However, taking into account the fact that the defendant is led to confession and reflect, and that there is no previous conviction other than the above previous one, the defendant's age, attitude, environment, driving background and distance, blood alcohol concentration level, circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account various sentencing conditions shown in the records and arguments.