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(영문) 수원지방법원 2021.02.04 2020고단7231
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 11 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On February 20, 2019, the Defendant received a summary order of KRW 3 million on the grounds of a violation of road traffic law (drinking) from the Suwon Friwon.

【Criminal facts】 On October 15, 2020, the Defendant driven a CTbluri vehicle while under the influence of alcohol leveling 0.085% from the distance of about 9k meters from the front of the place where it is impossible to find out about 23:50 on the roads where it is difficult to find out the GTbluri-si Madle-si Madle-si Madle-si Madle-si Madle-si B.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The place where alcohol concentration is recorded in the blood;

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal history as the suspect);

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant had been subject to punishment once 2019 due to drinking driving, etc., is disadvantageous to the defendant. On the other hand, the fact that the defendant recognized the crime and seriously reflects the fact that the defendant does not have any traffic accident, the criminal record of driving the above drinking is the previous conviction of fine, the fact that there is no other criminal record, the degree of alcohol concentration is not high, and the economic situation is not good, etc. shall be considered as favorable to the defendant, taking into account the circumstances favorable to the defendant, and taking into account all other factors of sentencing specified in the records of this case.

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