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(영문) 수원지방법원 2020.05.15 2020고단709
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

On October 12, 2017, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court due to a violation of the Road Traffic Act.

At around 17:40 on January 11, 2020, the Defendant driven a Balop car with blood alcohol content of about 15 km from the place on which the wife population is 0.140% under the influence of alcohol at approximately 15 km to the entrance of the public parking lot located at 1392-ro 29, as in the same Gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspected victims of violation of the Road Traffic Act and reporting on internal investigation;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and records on the use of a drinking measuring instrument;

1. Records of judgment: Application of criminal records, inquiry reports, and summary order 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 is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to the drinking alcohol in this case.

Since the Defendant was punished as a drunk driving around October 2017 and again committed the instant crime in approximately two years and three months after he/she was punished as a drunk driving on around October 2017, there is a lot of possibility of criticism.

However, in light of the following circumstances, the defendant recognized the crime of this case and divided his mistake, the defendant has no record of criminal punishment except for two times of fine, and the defendant has no record of criminal punishment, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc., and the conditions of sentencing as shown in the records, such as the circumstances after the crime, shall be determined as ordered.

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