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(영문) 수원지방법원 성남지원 2021.03.18 2020고단3141

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Power of crime] On May 11, 2012, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (dacting driving) in the support for the development of the Sugwon method.

[2] On August 16, 2020, the Defendant, at around 16:13, 2020, driven a DNA car with alcohol concentration of about 0.063% in the 5.2km section from the front of the Subdivision-gu, Sungnam-si, Sungnam-si to the 2nd underground parking lot of Sungnam-si, Sungnam-si, and violated Article 44(1) of the Road Traffic Act by driving a DNA car under the influence of alcohol concentration of about 0.063%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver placed in driving (11th page of evidence), and notification of the results of crackdown on driving under drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Under the grounds for sentencing of Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances and the Defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., and all the conditions of sentencing as shown in the arguments and records.

Unfavorable circumstances: A person who committed a second offense even if he had the same record.

The favorable circumstances: The crime is seriously against the law.

There is no record of punishment other than before the judgment.