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(영문) 수원지방법원안양지원 2020.12.16 2020고단1838

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On August 24, 2007, the Defendant was issued a summary order of KRW 2 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 22:10 on August 31, 2020, the Defendant driven a C bargaining car under the influence of 0.122% alcohol concentration in order to park on the front road B around about 10 meters in the military.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the circumstantial statement of a drinking driver, a copy of the notification of the results of the drinking-driving Control, and an inquiry into the vehicle;

1. Previous records of judgment: Application of criminal records, repeated statements and investigation reports (Attachment to the same summary order) Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of fines for criminal facts

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is against the defendant's recognition of the crime, and there is no history of any particular criminal punishment for about 13 years since he was punished by a drunk driving around 2007 as stated in the judgment of the court below, and the vehicle parked in the place near the residence is driving about about 10 meters in the course of moving to a vehicle again by obstructing the passage of other vehicles, and there is no circumstance to consider in light of driving circumstances, driving distance, etc., and other factors such as the defendant's age, character, character, environment, motive, means and consequence of the crime, circumstances after the crime, etc. are considered as follows.