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(영문) 수원지방법원 2020.06.18 2020고단2831

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 February 1, 2018, the Defendant was sentenced to a fine of KRW 5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 21, 2020, the Defendant, who had the power of violating the prohibition of driving under the influence of alcohol, driven a motor vehicle of D Neow G70 in the state of alcohol with a blood alcohol content of about 0.120% from the parking lot of the G building in Suwon-si to the front road of the same Gu, from around 600 meters from the parking lot of the G building in Suwon-si to the front road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the report on circumstantial statements of a drinking driver and the control results of drinking driving;

1. Previous convictions in judgment: Criminal history records, inquiry reports (A), investigation reports (verification of suspect's records of drinking driving), and application of Acts and subordinate statutes of one copy of judgment;

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.