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(영문) 수원지방법원 2020.06.11 2020고단1400
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 25, 2008, the Defendant received a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act in the Sung-nam Branch of Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】 On February 20, 2020, at around 21:35, the Defendant driven a Fpoter cargo vehicle under the influence of alcohol with approximately 0.07% of blood alcohol concentration at approximately 600 meters from the C parking lot located in Suwon-si B to the road near the Egs in the same Gu.

Accordingly, the defendant violated the prohibition of drinking driving 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 the judgment: Criminal history records, inquiry reports, confirmation of the same type of force, and application of the judgment-related Acts and subordinate statutes;

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 influence of alcohol, the driving of the instant case was done under the influence of alcohol, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the quality of the relevant crime is not weak.

However, taking into account the fact that the defendant is led to confession and reflect, and that there is no criminal record yet exceeding the fine due to the same kind of crime, and other various sentencing conditions shown in the records and arguments, such as the age, attitude, environment, developments and distance of the defendant, circumstances after the crime, etc., shall be determined in the same manner as the order.

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