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(영문) 수원지방법원 2020.11.26 2020고단5428

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

On May 14, 2018, the Defendant had been under the summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act at the Suwon District Court. However, on August 6, 2020, the Defendant driven a DNA car under the influence of alcohol concentration of approximately 0.09% from the 17km section from the front road of Suwon City B to the front road of Suwon-si, Suwon-si.

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 in judgment: Criminal records, investigation reports (verification of the same criminal records as the suspect), and application of summary order 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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant committed a second offense despite having been punished once 2018 due to drunk driving; and (b) the blood alcohol concentration is not low; (c) the Defendant acknowledged the Defendant’s crime and is against the truth; (d) the Defendant did not have any traffic accident; and (e) the criminal record of the above drunk driving is the criminal record of a fine; and (e) the fact that there is no other criminal record, etc. are considered as favorable to the Defendant; and (e) the judgment is rendered as per the Disposition by taking into account all other factors favorable to the Defendant’s criminal records.