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(영문) 수원지방법원 2020.11.26 2020고단5658

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 May 10, 2012, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act from the Suwon District Court.

【Criminal Facts】

On August 13, 2020, at around 13:25, the Defendant driven a D car with a blood alcohol concentration of about 0.177% from a distance of about 30 km to the front of the Cridge located in the Suwon-gu, Suwon-si, the other party of the Sungnam-si, the Seoul-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report, notification of the results of the control of drinking driving and record of the values of taking measurements of drinking alcohol;

1. Previous convictions: Application of criminal records and copies of summary order 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, even though the defendant had a record of being punished by a fine due to drunk driving, was also driving in this case at the same time, and the blood alcohol concentration level at the time was very 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, 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, drinking volume, and circumstances after the crime.