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(영문) 수원지방법원 2020.05.14 2020고단676

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On April 24, 2009, the Defendant received a summary order of KRW 2,50,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On December 27, 2019, at around 22:10, the Defendant driven C 2 vehicles under the influence of alcohol with approximately 1 km alcohol concentration of about 0.041% from the distance from the front of the apartment site B in the East-gu, East-gu, Incheon Metropolitan City to the front road of the same new sub-dong-dong to the Yolololololol-do.

Accordingly, the defendant violated the regulations prohibiting drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 of the provisional payment order is that the defendant, even though there are two times the records of criminal punishment due to drinking driving, driving of the case 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 somewhat weak.

However, considering the fact that the defendant is led to confession and reflect, the fact that the above previous period was before 2010, and the blood alcohol concentration was relatively high, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, distance, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments, including the defendant's age, attitude, environment, driving circumstances, distance, and circumstances after the crime.