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(영문) 수원지방법원 2020.08.13 2020고단2386

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On September 25, 2006, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act in the Ansan District Court's Ansan Branch on September 25, 2006.

【Criminal Facts】

On April 4, 2020, at around 06:44, the Defendant driven D C35 S2 car under the influence of alcohol level of about 0.153% in a section of about 200 meters from the front of Suwon-si B to the front road of the same Si line C.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of Acts and subordinate statutes of one copy of a summary order;

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, even though the defendant had a record of being punished by a fine due to a drunk driving, was also driving in this case at the same time, the blood alcohol concentration level at the time was high, and the contact accident occurred. The nature of the crime is not easy.

However, taking into account the fact that the defendant is led to confession and reflect, the fact that the above previous year has been relatively old, and the fact that the accident was relatively minor, etc., other factors such as the defendant's age, attitude, environment, background and distance, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments shall be determined as ordered.