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(영문) 수원지방법원 2021.01.14 2020고단4435
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 13, 2013, the Defendant received a summary order of KRW 8 million on the grounds of a violation of road traffic law (drinking) from the Suwon Friwon.

【Criminal facts】 On June 18, 2020, at around 20:55, the Defendant driven a motor vehicle under the influence of alcohol concentration of approximately 0.067% in blood at approximately 150 meters from the street before the “C bank 365 Geum-dong Am-dong Am-dong Emb,” which is located in Suwon-si, Suwon-si, Suwon-si, to the front road of Suwon-si, Suwon-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Inquiry of criminal history, investigation report (verification of the same record as the suspect), and application of summary order-related Acts and subordinate statutes;

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 of the Criminal Procedure Act, even though the defendant had been punished once due to drinking driving, etc., re-offending the crime is unfavorable to the defendant. On the other hand, the defendant recognized and seriously reflects the crime, the traffic accident does not occur, the above driving criminal record is a previous conviction of a fine, there is no particular criminal record, the fact that there is no high alcohol level among blood transfusion, the fact that the defendant supported his/her family members, etc. are considered as favorable to the defendant, and are determined as ordered by the disposition, taking into account all other sentencing conditions shown in the records of this case.

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