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(영문) 수원지방법원 2020.09.24 2020고단4539

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

On November 27, 2014, the Defendant was sentenced to a fine of three million won by the Suwon District Court for a violation of the Road Traffic Act.

The facts charged by the defendant around 21:40 on June 16, 2020 that "0.112% of the blood alcohol concentration" or "0.112% of the blood alcohol concentration at the time" or "0.112% of the blood alcohol concentration at the time" is reasonable, and it is difficult to view that even if the blood alcohol concentration was higher than the above blood alcohol concentration, it would be at a disadvantage in the exercise of the defendant's right to defense, it is difficult to recognize it ex officio without any changes in indictment.

While under the influence of alcohol, CM7 car was driven from the mutual influence restaurant in the 6th Masan-si Masan-si Masan-si B to the influence-si B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report on the results of the crackdown on drinking driving, and report on the investigation (applicable with the mark);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under influence of alcohol, the driving of the instant case was done under the influence of alcohol, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the quality of the relevant crime is not weak.

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 punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.