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(영문) 수원지방법원 2021.02.04 2020고단8231

도로교통법위반(음주운전)등

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Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

[Power of crime] On May 7, 2019, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in support of the Sungnam branch of Suwon Friwon.

[Criminal facts] On October 20, 2020, the Defendant driven a D Kabn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver who is to take the driving, investigation report (report on the situation of the driver who is to take the driving), and notification of the results of regulating the driving of drinking;

1. Previous conviction: Application of an inquiry letter, a copy of a summary order;

1. Article 148-2 subparag. 1, Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense (a point of driving without a license)

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is that the Defendant had been punished by a fine due to drinking without permission at the same time while driving the instant drinking without permission, and the alcohol concentration level at the time of blood was considerably high. Considering the risk of the occurrence of the accident and the purport of the amendment of the amended Act that increased the statutory penalty, the nature of the crime is not somewhat weak.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction other than the above previous conviction, and the fact that the accident does not lead to the accident, other factors such as the defendant's age, attitude, environment, circumstances, distance, and circumstances after the crime are considered, the punishment as ordered shall be determined by taking into account the various factors of sentencing as shown in the records and arguments.