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(영문) 수원지방법원 2020.08.27 2020고단3774

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On November 8, 2017, the Defendant was sentenced to a fine of KRW 4 million by the Suwon District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On April 8, 2020, at around 00:32, the Defendant driven a Fran vehicle under the influence of alcohol concentration of about 0.203% from the 500-meter section to the underground parking lot in front of the D apartment E-dong, the Defendant, at around 00:32, driven a Fran vehicle in the state of alcohol alcohol concentration of about 500 meters.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the report on circumstantial statements of a drinking driver and the control results of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), investigation reports (same-class records), and application of Acts and subordinate statutes of one copy of summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under the influence of alcohol in 2017, the driving of the instant case was done under the influence of alcohol. Considering the risk of drinking driving to many unspecified persons and the purport of the amendment of the amended Act of which the statutory penalty is raised, the nature of the relevant crime is not easy.

In addition, as the blood alcohol concentration of the defendant was high at the time of driving, the risk was also reasonable.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.