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(영문) 수원지방법원평택지원 2020.12.23 2020고단1556

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On February 1, 2012, the Defendant was issued a summary order of KRW 3.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 17, 2020, at around 23:22, the Defendant driven a DNA siren car while under the influence of alcohol with approximately 14km alcohol concentration of about 0.053% from the 14km section to the roads in front of Pyeongtaek-si located in Pyeongtaek-si.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (report on suspect drinking-related records);

1. Relevant Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the selection of fines;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is based on a comprehensive consideration of the following factors: (a) the developments leading up to the Defendant’s drunk driving, the criminal records of the Defendant’s same kind, the age, character, conduct and environment, etc.; and (b) the sentencing conditions under Article 51 of the Criminal Act as stated in the records