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(영문) 수원지방법원 2021.01.29 2020고단7349

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[criminal history] On October 19, 201, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) in the support for the development of the Suwon Friwon method.

[Criminal facts] On September 23, 2020, the Defendant driven C SP motor vehicle under the influence of alcohol content of about 0.144% in the 1km section from the front of the office of the company located in Suwon-si B, Suwon-si to the front of the office of the company located in Suwon-si, Suwon-si to the front of the 374 straight line, as the border water of the same city.

Accordingly, the Defendant violated the provision prohibiting driving of drinking or refusing to measure drinking under the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, reports on the circumstances of drivers of drinking alcohol, notification of the results of crackdown on driving alcohol, and marks of records of measurement of drinking alcohol;

1. Relevant photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, even though the Defendant had been punished for driving alcohol as stated in its reasoning, committed the instant crime again, and there is no motive or circumstance to consider the commission of the instant crime. In short, the Defendant’s blood alcohol concentration, speech, and walking condition at the time of the instant crime led to a traffic accident resulting in the occurrence of physical damage, and the detection of the instant crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes the crime of this case is favorable to the defendant.

Other circumstances shown in the records, such as the age, sex, motive and background of the crime, results and circumstances of the crime, etc., shall be determined as per the order.