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(영문) 수원지방법원 2020.11.26 2020고단5203

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 11 million.

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

Reasons

Punishment of the crime

[Criminal Power] On April 24, 2017, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving on Motor Vehicle) in the Gyeyang Branch of Suwon District Court.

【Criminal Facts】

On July 25, 2020, the Defendant driven a franchise-low vehicle under the influence of alcohol content of about 0.094% at a section of approximately 12 km in the front of the Suwon-gu Veterans Association, Suwon-gu, Suwon-si, Suwon-gu, Suwon-si, Suwon-si, Suwon-si, and the front of the Gyeongginam Veterans Association.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a copy of a summary order), and application of a copy of statutes of the 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 fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order committed a second offense despite the fact that the defendant had been punished once due to drunk driving, etc. is disadvantageous to the defendant. Meanwhile, the fact that the defendant recognized the crime and is contrary to the truth, the traffic accident does not occur, the criminal record of the above drunk driving is the criminal record of a fine, and there are no other criminal records, etc., shall be considered as favorable to the defendant, respectively, and the decision is delivered as per Disposition by taking into account all other sentencing conditions in the records of this case