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(영문) 수원지방법원 2020.09.24 2020고단5131

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

[Criminal Power] On March 14, 2018, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act from the Suwon District Court.

【Criminal Facts】

On May 22, 2020, the Defendant driven a Derc-crop cruise car while under the influence of alcohol content of about 0.252% at approximately 10 meters in the C parking lot located in Suwon-si B, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions: Application of crimes against foreigners, data of investigation experience, and copies of summary order Acts and subordinate statutes;

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 of the provisional payment order is that the Defendant had already been punished by a fine due to drunk driving, and the instant drinking driving was conducted at the same time, and the blood alcohol concentration at the time is considerably high by 0.252%, and the quality of the offense is not good.

However, in full view of the following factors: (a) the Defendant’s recognition of the instant crime and reflects on the nature of the Defendant; (b) the background leading up to driving under the influence of alcohol; and (c) the fact that there is no record of criminal punishment other than the punishment of a fine on one occasion due to driving under the influence of alcohol; and (d) the Defendant’s age, attitude, environment, driving background and distance; and (e) the circumstances after the crime,