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(영문) 수원지방법원 2020.04.27 2020고단295

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

[Criminal Power] On January 6, 2010, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Jeju District Court on January 6, 2010.

【Criminal Facts】

On January 5, 2020, at around 02:33, the Defendant driven a DNA car with a blood alcohol concentration of 0.089% while under the influence of alcohol at the section of 2-3 km up to the front of the C convenience store located in the city of Speaker B in the vicinity of the Government Station.

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: Application of criminal records, summary order copies, and Acts and subordinate statutes;

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 repeated a second offense despite the fact that the defendant had been punished once due to drunk driving, and the occurrence of a traffic accident, etc. are disadvantageous to the defendant. Meanwhile, the defendant recognizes the crime, the defendant does not have any other person due to a traffic accident, the criminal record of the above drunk driving is a criminal record of a fine, and there is no other serious criminal record, etc., shall be considered as favorable to the defendant, respectively, and the decision is delivered as per Disposition by taking into account all other sentencing conditions