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(영문) 수원지방법원 2020.03.05 2019고단7055

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 January 18, 2016, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the original state branch of the Chuncheon District Court.

【Criminal Facts】

On October 24, 2019, at around 00:40, the Defendant driven a car in the F T-gu T-gu under the influence of alcohol level of about 0.129% at approximately 200 meters from the Do near the “C cafeteria” in Suwon-gu B to the front of the E-gu in D.

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 of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and 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 of the provisional payment order is that the Defendant was punished by a fine due to a drunk driving, and the blood alcohol concentration level at the time was significantly high. In light of the risk of the occurrence of the accident and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not easy.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no criminal record other than the above previous one, etc., the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, distance, and circumstances after the crime.