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(영문) 수원지방법원 2021.01.14 2020고단6103

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 13 million.

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

Reasons

Punishment of the crime

[criminal history] On April 6, 2011, the Defendant was sentenced to a fine of KRW 2.5 million due to a violation of road traffic law (driving) at the Suwon Friwon.

[2] On May 15, 2020, the Defendant driven an E-7 vehicle under the influence of alcohol leveling 0.241% from a section of approximately 1km from the road near Suwon-si, Suwon-si, Gyeonggi-do to the road near the Dong-gu, Suwon-si, Gyeonggi-do.

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: Inquiry of criminal history and investigation reports - Application of Acts and subordinate statutes attached to the same electric power judgment;

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 reasons 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 blood alcohol concentration level is very high; and (c) the occurrence of a traffic accident is disadvantageous to the Defendant; (b) the Defendant is recognized and against the Defendant; (c) the Defendant committed a crime; (d) there is no particular damage due to a traffic accident; and (e) the above drinking driving criminal record is the criminal record of a fine of 2011; and (e) the fact that there is no particular criminal record is favorable to the Defendant, taking into account the circumstances favorable to the Defendant; and (e) taking into account all other factors of sentencing