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(영문) 수원지방법원 2020.11.26 2020고단5619

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 October 24, 2008, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 10:10 on July 25, 2020, the Defendant: (a) driven a motor vehicle with blood alcohol concentration of 0.154% in the section of approximately 12km from the 12km-ro 17-ro Do government office distance in Suwon-si, Suwon-si, Suwon-si, Suwon-si to the 10-Do government office distance; (b) operated a motor vehicle with blood alcohol concentration of 0.154% at least twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notice of the results of the drinking driving control and the record of drinking;

1. A written appraisal;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on results of confirmation, and application of Acts and subordinate statutes of one 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant repeated the offense despite the fact that the Defendant had been punished once due to drunk driving; and (b) the fact that the blood alcohol level was high; (c) the Defendant recognized and reflected the offense; (d) the Defendant did not have any traffic accident; and (e) the fact that the aforementioned person was punished by a fine in 2008; and (e) the fact that there was no other criminal record is no other criminal record, etc. are considered as favorable to the Defendant; and (e) the judgment is ordered as per the Disposition, taking into account