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(영문) 수원지방법원 2020.06.19 2020고단1451

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

On June 12, 2017, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Sung-nam branch of Suwon District Court as a result of the violation of the Road Traffic Act.

Around 04:30 on February 23, 2020, the Defendant driven a Drocketing car from approximately 4 km to the front road located in the same Gu and located in the same Gu, from around 04 04:152% of alcohol level, while under the influence of alcohol level 0.152%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. On-site photographs;

1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of the same kind of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant again committed the instant crime even though he/she had the record of being punished for a drunk driving as stated in its reasoning, and that there is no motive or circumstance to consider the commission of the instant crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes the crime of this case and that there is no record of criminal punishment other than the previous conviction is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.