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(영문) 수원지방법원 2020.06.04 2020고단127
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 June 24, 2008, the Defendant was issued a summary order of 2.5 million won by the Seoul Central District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On December 8, 2019, the Defendant, while under the influence of alcohol at 0.095% of blood alcohol level around the Gangnam-gu Seoul Southern Station, driven a car of B Belgium at approximately 10km from the 10km section to the 4.5km of Busan Gyeong-do.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driver, and notification on the results of the crackdown on drinking;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes attaching the same summary order;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, even though the defendant had been sentenced to a fine due to drinking driving two times, was driving under the instant case at the same time, and the risk of an accident was significantly high as he stopped in the reverse direction on the side of the expressway at the time, and the nature of the crime is not somewhat weak.

However, taking into account the fact that the defendant is led to confession and reflect, and that both the above previous and previous departments have been prior to 10 years, the defendant's age, attitude, environment, driving background and distance, blood alcohol concentration, and the circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account various sentencing conditions shown in the records and arguments.

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