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(영문) 수원지방법원 성남지원 2020.07.21 2020고단146

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On January 23, 2017, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Sung-nam branch of Suwon District Court on January 23, 2017.

Nevertheless, at around 20:52 on January 10, 2020, the Defendant, while under the influence of alcohol of 0.041% of blood alcohol concentration, violated the Eropolybing Regulations on the Prohibition of Drinking Driving by driving the Eropox in the section of approximately 2km from the Dr. Dr. in the same city of Gwangju apartment to the front of Dr. Dr. in the same city of Gwangju, at least two occasions.

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's legal statement, circumstantial statement, report on the situation of the driver, criminal records, and criminal records of the crackdown on drinking driving, and investigation reports (same-class electric 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was sentenced to a fine due to a drunk driving in around 2017, driving a motor vehicle under the influence of alcohol level 0.041% of the blood alcohol level again.

The main circumstances are to be taken into account, but the defendant has a attitude to recognize and reflect the defendant's mistake, and there is no other criminal records other than four previous criminal records, including the above criminal records, and other circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined in consideration of the circumstances after the crime.