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(영문) 수원지방법원평택지원 2020.09.17 2020고단1275

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 February 20, 2020, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong Housing Site Board.

【Criminal Facts】

around 22:45 on May 2, 2020, the Defendant driven DMW car with approximately 700 meters alcohol concentration 0.031% under the influence of alcohol in the section of about 700 meters from the front of Pyeongtaek-si B to the front of the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the circumstantial report of a drinking driver, and the written appraisal of blood alcohol;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes on the confirmation of criminal records of the suspect;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing factors, including the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined by the order, comprehensively taking into account the following factors:

The factors of sentencing are against favorable factors.

Existing drinking driving and drinking driving(0.037%, 0.031%) are low.

There is no other criminal record of a fine due to existing drinking driving.

Disadvantageous sentencing factors: It has not been much punished by a fine due to drinking driving, and therefore, it was also carried on the drinking driving of this case.

The driving distance of drinking driving is not short.