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(영문) 수원지방법원 2020.06.04 2020고단247

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 April 1, 2009, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act by the Daegu District Court.

【Criminal Facts】

On January 5, 2020, at around 19:50, the Defendant driven a eland of Grand City, under the influence of alcohol concentration of about 0.099%, from approximately 200 meters to the front road of the D secondary school located in C, the Defendant driven a eland of Grand City, under the influence of alcohol concentration of about 19%.

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 of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);

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 drunk driving, was also driving under the instant case, and the blood alcohol concentration level at the time was also reasonable. In light of the risk of the occurrence of the accident and the purport of the amendment of the Act increased by statutory penalty, the nature of the crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, and the fact that the above previous division was ten years prior to the above previous division, etc., the defendant's age, attitude, environment, driving background and distance, drinking volume and circumstances after the crime, etc., various sentencing conditions as shown in the records and arguments shall be determined as ordered.