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(영문) 수원지방법원 2020.05.07 2020고단210
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On February 5, 2018, the Defendant was issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court.

【Criminal Facts】

On December 6, 2019, at around 21:10, the Defendant, at approximately 20 meters to 30 meters prior to the “C” in the Ssung City B, recognized the identity of the facts charged, and deemed that there is no substantial disadvantage to the Defendant’s exercise of his/her right to defense, and revised the distance of drinking driving.

D U.S.A. under the influence of alcohol 0.181% in blood alcohol concentration, D U.S. A.D. was driven.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports, and 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. 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 in 2018, and the penal provision for a drunk driving was strengthened since June 25, 2019, and the Defendant also was able to easily have access to the aforementioned circumstances through the media, and there is a need for severe punishment in that he/she was a drunk driving in this case.

In addition, as the blood alcohol concentration of the defendant was high at the time of drunk driving, the risk was also high.

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.

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