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(영문) 수원지방법원 2020.05.07 2020고단292

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On April 30, 2010, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court.

【Criminal Facts】

On December 30, 2019, at around 00:40, the Defendant driven B rocketing car with a blood alcohol content of about 0.136% from the 5km section around the Suwon-si, Suwon-si, Suwon-si, Leewon-si, Leewon-si, Leewon-si, to the road in front of the tunnel 1381 Nail-si, Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notice of the results of the drinking driving control and a measuring record;

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 a 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being punished for a drunk driving, and since June 25, 2019, the penal provision for a drunk driving was strengthened, and the defendant was also able to easily understand the above circumstances through the media, etc., and there is a need for strict punishment in that he/she was a drunk driving.

However, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant recognized the instant crime and divided his mistake; the Defendant has no record of punishment in excess of the fine yet; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.