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(영문) 수원지방법원 2020.06.04 2020고단223
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On September 17, 2013, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 23:08 on January 8, 2020, the Defendant driven a F Lastren car in the state of alcohol alcohol concentration of about 0.09% from the parking lot in Suwon-si B to the front road in the same Gu, from approximately 100 meters to the Ethy road 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. Report on the circumstantial statement of a drinking driver, investigation report, notification of the results of the crackdown on drinking driving, and record of the measurement of drinking;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);

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, even though the defendant had a record of being punished by a fine due to a drunk driving, was also driving in this case at the same time, and the blood alcohol concentration level at the time was not lowered. In light of the risk of the occurrence of the accident and the purport of the amendment of the Act increased by statutory penalty, the nature of the crime is not easy.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, distance, and circumstances after the crime.

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