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(영문) 수원지방법원 2020.10.15 2020고단3454

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 24, 2008, the Defendant was issued a summary order of KRW 500,000,000 as a crime of violation of the Road Traffic Act (driving) in Changwon District Court's Smuggling support.

【Criminal Facts】

On May 10, 2020, the Defendant was under the influence of alcohol of 0.183% of blood alcohol concentration at around 02:41, the Defendant driven a FMW car at approximately five kilometers from the front side of the cafeteria “C” restaurant located in the wife-population B to the front side of the “E” in the same Gu.

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: Criminal records, investigation reports (Attachment of previous records and a copy of summary order), and application of statutes governing summary order;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant re-offending despite the fact that the Defendant had been punished once due to drunk driving; (b) the fact that the blood alcohol level is very high; (c) the Defendant acknowledged the Defendant’s crime; (d) the Defendant does not have any traffic accident; and (e) the criminal record of the above drunk driving is a criminal record of a fine of 2008; and (e) the fact that there is no special criminal record, etc. are considered favorable to the Defendant; and (e) the judgment is rendered as per the Disposition, by taking into account all other factors favorable to