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(영문) 수원지방법원 2020.05.29 2020고단526

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On March 9, 2009, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court.

【Criminal Facts】

On January 17, 2020, at around 05:53, the Defendant driven a B Dopam under the influence of alcohol leveling of about 0.058% from the 3km section of the 3km road located in the new Dong-dong, Nam-gu, Dong-gu, Dong-gu, Dong-gu to the front road of the Dong-gu, Dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Records before judgment: Application of inquiries about criminal records, etc. and copies of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

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

1. The defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is that he/she again committed the crime of this case despite the fact that he/she had been punished for drinking driving as stated in its reasoning.

On the other hand, the fact that the defendant recognizes the crime of this case and that the defendant has no record of punishment other than the previous conviction is favorable to the defendant.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.