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(영문) 수원지방법원 2020.11.26 2020고단6815

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 August 11, 2017, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

Nevertheless, around 00:55 on December 20, 2020, the Defendant driven a car at Dmari-ri-ri-ri-ri-ri-ri-ri-ri-si 0.139% under the influence of alcohol with a blood alcohol concentration of 0.139%.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on drinking and measuring statements of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous convictions indicated in its ruling: Criminal history records, return to investigation (Attachment to a summary order), application of Acts and subordinate statutes as a copy of the summary order of 2017 high-water sources and 2648;

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 the influence of alcohol in 2017, the driving of the instant case was done under the influence of alcohol. Considering the risk of drinking driving to many unspecified persons and the purport of the amendment of the amended Act of which the statutory penalty is raised, the nature of the relevant 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, and circumstances after the crime.