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(영문) 수원지방법원 2020.08.27 2020고단2996

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 January 22, 2010, 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.

【Criminal Facts】

On April 23, 2020, the Defendant driven a FV car in the state of alcohol alcohol concentration of about 0.116% at a distance of about 300 meters from the front of the road located in the Shi-si, Young-si, the wife population B to the E-dong parking lot of the Shi-si, Young-si, The Defendant driven a FV car at around 23:53.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant had a record of being punished by a fine due to a drunk driving, was also driving in this case, and the blood alcohol concentration level at the time was also reasonable. Considering the risk of the occurrence of the accident and the purport of the amendment of the Act increased by statutory penalty, the nature of the crime is not easy.

However, considering the fact that the defendant is led to confession and reflect, the above previous period is ten years prior to the previous period, the fact that there is no other criminal record, and the fact that the defendant does not lead to a multi-accident, the punishment shall be determined as ordered by taking into account various sentencing conditions shown in the records and arguments, including the defendant's age, attitude, environment, driving circumstances, distance, drinking volume, drinking volume, and circumstances after the crime.