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(영문) 수원지방법원 2021.01.21 2020고단5610

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 11 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Power of crime] On August 25, 201, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking) at the Suwon Friwon method.

[2] On August 2, 2020, the Defendant: (a) around 04:0 on August 2, 2020, at around 04:0, the Defendant: (b) driven a D low-speed car with alcohol content of about 0.189% in blood from the 1km section from Osan City to Osan City; and (c) carried out a violation of road traffic law (d) more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Inquiries about criminal history, reporting of the previous convictions of the disposition and reporting of the results thereof, and applying a summary order under statutes;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant committed a second offense despite the fact that the Defendant had been punished once due to drinking alcohol driving; (b) the fact that the blood alcohol concentration was high; (c) the Defendant acknowledged the Defendant’s crime; (d) the Defendant did not have any traffic accident; and (e) the fact that the said drinking driver’s previous offense is a criminal record of a fine; and (e) the fact that there was no other criminal record, etc. are considered favorable to the Defendant; and (e) the judgment is rendered as per the Disposition, by taking into account all other factors favorable to the Defendant, and taking into account all