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(영문) 수원지방법원 2020.08.27 2020고단2818

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On August 21, 2009, the Defendant was issued to the Suwon District Court with a summary order of KRW 3 million as a crime of violating the Road Traffic Act.

Nevertheless, at around 21:23 on April 7, 2020, the Defendant driven a DNA car with a blood alcohol concentration of about 0.108% in the section of approximately 2 km from the front side of Suwon-si B to the front side of the same city-line C.

As a result, the defendant, even though he had been punished for a drunk driving, has re-driving and violated it more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, notification of the control of drinking driving and the result of respiratory measurement;

1. Previous records of judgment: Criminal records, inquiry reports and application of three-minutes of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is three times, and at the same time, the Defendant committed the crime of drinking alcohol in this case, and the blood alcohol concentration level at the time was high, and the risk of the occurrence of the accident was not significant on the ground that the Defendant was under driving.

However, in light of the fact that the defendant is led to confession and reflect, that all of the above previous departments were prior to 10 years, and that the accident did not lead to the accident, etc., the fine shall be selected by taking into account the defendant's age, attitude, environment, driving circumstances, distance, drinking volume, circumstances after the crime, etc., the punishment shall be determined as ordered by the order.