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(영문) 수원지방법원 2020.11.20 2020고단6289

도로교통법위반(음주운전)

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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 June 27, 2018, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

At around 22:20 on September 8, 2020, the Defendant driven B SP car at the section of approximately 3.5 km from the road near the fish station located in the air station in the air station in the Dong-gu, Young-gu, Young-gu to the air station located in the same Gu-dong in the state of alcohol of 0.083% of blood alcohol concentration.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Inspection results of the drinking driving control, output of the results of the drinking measurement, the circumstantial statements of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);

1. Records of judgment: Application of criminal records, inquiry reports, and summary order Acts and subordinate statutes;

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 of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not that of the latter.

Since the Defendant was punished as a drunk driving on June 2018, the Defendant had not passed two years and six months since he was punished as a drunk driving, there are many possibilities of criticism.

However, in light of the following circumstances, the defendant recognized the crime of this case and divided his mistake, and the defendant did not have any other criminal records other than the above one-time fine, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the punishment as ordered shall be determined by taking into account the various circumstances, which form the conditions for sentencing as shown in the records, such as the