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(영문) 수원지방법원 2020.10.29 2020고단2797

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 11 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 2, 2018, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

At around 02:00 on April 23, 2020, the Defendant driven a D Ttibl car in the state of alcohol with approximately 10km alcohol concentration of about 0.155% from the 136km of Pyeongtaek-si and the 10km roads adjacent to the Song-si branch office to the Osan-si B and C.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and 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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant committed a second offense despite having been punished once 2018 due to drunk driving; (b) the fact that the blood alcohol level is high; (c) the Defendant recognized and seriously reflects the Defendant’s crime; (d) the fact that the Defendant did not have any traffic accident; and (e) the fact that the above drinking driving criminal record is a criminal record of a fine; and (e) the fact that there is no other criminal record, etc. are favorable to the Defendant; and (e) the judgment is rendered as per Disposition by taking into account the circumstances favorable to the Defendant; and (e)