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(영문) 수원지방법원 2020.07.23 2020고단2512

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

On December 13, 2018, the defendant was issued a summary order of one million won by the Suwon District Court due to the violation of the Road Traffic Act.

Nevertheless, at around 00:35 on April 2, 2020, the Defendant driven a FK 3 car under the influence of alcohol with a blood alcohol concentration of 0.094% from the 80-meter section from the front road in Suwon-si B, Suwon-si, to the front road in Suwon-si, Suwon-si, Suwon-si.

As a result, the defendant, even though he had been punished for a drunk driving, has re-driving and violated it more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, notification of the control of drinking driving, etc.;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, and summary orders under Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under the influence of alcohol in 2018, the driving of the instant case was done under the influence of alcohol. Considering the risk of driving under the influence of the majority and the purport of the amendment of the amended Act of which the statutory penalty is raised, 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 punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.