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(영문) 수원지방법원 2020.11.27 2020고단5340

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

On August 17, 2011, the Defendant received a summary order of KRW 1,500,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act.

Nevertheless, at around 07:09 on July 24, 2020, the Defendant driven a CW-in car while under the influence of alcohol level of about 0.173% in a section of about 500 meters of the front apartment road of the B apartment at Sungsung-si.

Accordingly, the defendant violated the 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 records: Application of inquiry reports and investigation reports (verification of the same kind of force) and Acts and subordinate statutes, such as criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the defendant had been punished for drunk driving as stated in its reasoning, committed again the crime of this case. In light of the defendant's blood alcohol concentration and the process of detection at the time of the crime of this case, there was a serious traffic danger caused by the defendant. The fact that there was no motive or circumstance to consider the crime of this case is disadvantageous to the defendant.

On the other hand, the fact that the defendant seems to have the attitude to recognize and reflect the crime of this case is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.