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(영문) 수원지방법원 2020.11.30 2020고단4766

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

On December 17, 2014, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court due to a violation of the Road Traffic Act.

On July 6, 2020, at around 06:17, the Defendant driven a sports car in the C Coin with a blood alcohol concentration of about 0.126% in the section of about 100 meters from 100 meters to the above apartment parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and response to requests for appraisal by the drinking driver; and

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

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 under Article 334(1) of the Criminal Procedure Act, even though the defendant had a record of being punished by a fine due to a drunk driving, was also driving in this case. Considering the risk of the occurrence of the accident resulting therefrom and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not exceptionally.

However, taking into account the fact that the defendant is led to a relatively short and happy accident and the driving distance, etc. of the defendant's age, attitude, environment, driving circumstances, blood alcohol concentration, and circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account various sentencing conditions shown in the records and arguments, such as the defendant's age, attitude, environment, driving circumstances, degree of blood alcohol concentration, and conditions