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(영문) 수원지방법원평택지원 2020.12.18 2020고단1233
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] The defendant was issued a summary order of a fine of one million won on October 8, 2008 at the Sungnam Branch of Suwon District Court for the crime of violation of the Road Traffic Act (violation of Drinking).

【Criminal Facts】

On April 18, 2020, at around 05:30, the Defendant driven a B knife vehicle under the influence of alcohol by 0.095% with a distance of about 40 km from the influence of the B knife-si, Seocheon-si to the point of 31 Kmnife-si, Seoul and the 32mnife-si, Kuri-si.

As a result, the suspect has violated the provision on prohibition of drinking under the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driving of a driver, the circumstantial statement of the driver, and the investigation report (the circumstantial report of the driver);

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes on the punishment for drunk driving of a suspect;

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. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and the circumstances after the crime.

F. Unfavorable circumstances: Re-driving with the history of punishment for driving under the influence of alcohol despite the fact that the person has already been punished for driving under the influence of alcohol, the circumstances and place of detection, driving distance, etc. are favorable to the fact that the risk of driving was considerable: The fact that the person has recognized and reflected the crime, and that the person has re-offending after the lapse of about 10 years from the time

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