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(영문) 수원지방법원 2020.11.27 2020고단5461

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On June 27, 2012, the Defendant received a summary order of KRW 3.5 million as a crime of violation of the Road Traffic Act from the Suwon District Court.

【Criminal Facts】

At around 17:00 on August 1, 2020, the Defendant driven a sports cargo vehicle C in the state of alcohol level of 0.108% with blood alcohol level from the influence to the influence B before the influence.

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 records: A inquiry report on criminal records, etc. and investigation report-applicable Acts and subordinate statutes confirming the same type of electric 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 punishment due to drunk driving, including the previous conviction in the judgment, 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.