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(영문) 수원지방법원 2020.06.18 2020고단1519

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On March 18, 2014, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court.

【Criminal Facts】

On February 28, 2020, the Defendant was under the influence of alcohol level of 0.097% on blood alcohol level at around 23:25 on February 28, 2020, and the Defendant driven D chip car at approximately 10km from the roads located in Seongbuk-gu Seoul Metropolitan City, Sungnam-si to Geung-gu B apartment Cdong at about 10km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;

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, and the blood alcohol concentration level at the time was not lowered. 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 easy.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the defendant's age, attitude, environment, background and distance of driving, drinking volume, occurrence of accident, circumstances after the crime, etc., various sentencing conditions as shown in the records and arguments shall be determined like the order.