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(영문) 수원지방법원안산지원 2020.12.10 2020고단2215

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On July 7, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Seoul Western District Court.

【Criminal Facts】

On May 15, 2020, at around 01:00, the Defendant driven a mixed PCX motor vehicle under the influence of alcohol leveling 0.134% from the 15km section of approximately 15km from May 15, 202 to the front road of the 1119-3 large-scale large-road intersection, as Shisti City, Yangcheon-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of power and confirmation of the fact that the period of repeated crimes is in progress), and application of Acts and subordinate statutes to the status of individual confinement by judgment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has the record of being punished for drunk driving, and after being sentenced to a punishment for a dual-class crime, it is highly likely to criticize the defendant again for drunk driving during the period of repeated crime. However, the crime of drunk driving is the second one. The second case is the case, but the crime of drunk driving is the second one, the time interval between the previous criminal record and the previous criminal record, the situation surrounding the driving and detection, family relation, and other defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime are committed, and the punishment is determined as ordered.