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(영문) 수원지방법원 평택지원 2020.06.05 2020고단6

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On August 26, 2009, the defendant was sentenced to a fine of KRW 1,50,00 to a violation of the Road Traffic Act by the District Court of Jung-gu on August 26, 2009.

On November 13, 2019, at around 22:15, the Defendant driven a C vehicle under the influence of alcohol level of about 0.079% in the section of about 30 meters from the public parking lot located in Pyeongtaek-si working at Pyeongtaek-si to the front road of the same city, and violated the provision on the prohibition of drunk driving under the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (report on confirmation of criminal records of the same criminal case as a suspect), and application of statutes on attached data;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and the circumstances after the crime.

D. Unfavorable circumstances: The fact that a person has already been punished for driving under the influence of alcohol but re-driving, the circumstances favorable to the point that it is a crime during the period of probation: The fact that the person recognizes the crime and reflects it, the distance of driving is not long, and the degree of driving the vehicle is considered to have been driven out of a public parking lot while the person has driven on his/her behalf, and it is a re-offending after about 10 years have passed since the same driving