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(영문) 수원지방법원 평택지원 2021.01.29 2020고단1463

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

On June 8, 2020, the Defendant driven a C-learning car under the influence of alcohol concentration of about 0.126% from the 1km to the front day of the same city from the nearest point of the “F-si Station Station” located in Pyeongtaek-si, Pyeongtaek-si around 22:29.29.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include the following circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and all sentencing factors indicated in the pleadings of the instant case, such as the circumstances after the crime, shall be comprehensively considered, and the sentence shall be determined as ordered.

On November 20, 2018, when a person was sentenced to punishment for a crime of different types, he/she was sentenced to punishment for a crime of larceny, etc. and was sentenced to punishment for a crime of repeated crime on November 20, 2018, he/she committed a second crime without being sentenced to punishment; the defendant has a strong record of having been sentenced to punishment for a crime of violation of the Road Traffic Act (unlicensed Driving) and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Evacuation Vehicles): The defendant recognizes and reflects the crime; there is no circumstance that the risk is realized due to a case of mere crackdown of drinking; and the defendant has no record of driving the same kind of drinking.