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(영문) 수원지방법원 2020.05.14 2020고단643

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

On November 28, 2008, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Sung-nam Branch of Suwon District Court as a result of the violation of the Road Traffic Act.

On January 19, 2020, the Defendant driven BMW X5 automobiles while under the influence of alcohol with approximately 0.087% alcohol concentration at a section of approximately 500 km on the road at the 60.8km in the Seocheon-si, Seocheon-si, Seocheon-do.

Accordingly, the defendant violated the prohibition of drinking driving under the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drunk driving, report on the state of his/her driver's standing, and investigation report (report on the state of his/her drinking driver);

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment of sound driving records);

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, including the previous conviction in the judgment, was three times, and the Defendant was under the influence of alcohol due to a drunk driving. At the time, the blood alcohol concentration level was not lowered. Considering the risk of the occurrence of the accident and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not weak.

However, in light of the fact that the defendant is led to confession and reflect, and that there has been no previous conviction exceeding the fine for the last twenty years, etc., a fine shall be selected only once, taking into account the fact that he/she has been sentenced to a fine for the last twenty years, and other various conditions of sentencing as shown in the records and arguments, such as the age, attitude, environment, developments and distance of the defendant, circumstances after the crime, etc.,