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(영문) 수원지방법원 2020.06.12 2020고단469
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On October 10, 2008, the Defendant received a summary order of KRW 700,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On January 9, 2020, at around 01:01, the Defendant was under the influence of alcohol with 0.041% of blood alcohol concentration, and the Defendant was driving a D-hurd-purd-purd-purd-purd-purd-purged-purged-purged-purged-purged-purged-purg

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, report on the results of the control of drinking driving, report on the situation of drinking drivers, investigation report (report on the circumstances of drinking drivers), and mandatory insurance association;

1. Previous for judgment: Application of one copy of the statement of criminal history records, and one copy of the summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. Article 53 and Article 55 (1) 6 of the Discretionary Mitigation and Mitigation Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the defendant had a record of being punished for a drunk driving as stated in its reasoning, but again led to the instant crime is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case, and that the blood alcohol concentration of the defendant at the time of the crime of this case is relatively low is favorable to the defendant.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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