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(영문) 수원지방법원 2020.11.26 2020고단5952

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

On July 23, 2019, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Suwon District Court.

On August 17, 2020, the Defendant driven a D'e-mail vehicle with a d'e-mail (Jee-p) body while under the influence of alcohol level of about 0.117% in a section of about 50 meters from the Do in front of the common convenience store in the U.S. located in the wife B to C in front of the road of about 50 meters.

Accordingly, the defendant violated the prohibition of drinking driving under the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report, and record of the results of measurement of drinking alcohol;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of Acts and subordinate statutes of one copy of a 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 Defendant, on the ground of sentencing under Article 334(1) of the Criminal Procedure Act, committed a short period of time despite the record of having been punished by a fine due to a drunk driving in 2019, and the blood alcohol concentration level at the time of the instant case was also high. Considering 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, taking into account the fact that the defendant recognized his mistake and prevented recidivism, the fact that there is no criminal record other than the above previous one, and that the accident does not lead to a multi-level accident, the punishment is determined as ordered by taking into account various sentencing conditions shown in the records and arguments, including the defendant's age, attitude, environment, driving circumstances, distance, drinking volume, and circumstances after the crime.