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(영문) 수원지방법원 2020.11.19 2020고단4816
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[criminal power] On October 19, 2012, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving on Motor Vehicle) in the Gyeyang District Court of Suwon on October 19, 2012.

【Criminal Facts】

On June 24, 2020, at around 00:55, the Defendant: (a) driven an Eststren vehicle with a blood alcohol concentration of about 0.100% in the section of about 3km from the front of the C cafeteria located in Masung City B to the front of the D apartment in the eth of the ethic city; (b) driven an Eststren vehicle with a blood alcohol concentration of at least 0.10% on at least two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notice of the results of drinking driving control and output thereof;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on results of confirmation, and application of Acts and subordinate statutes of one summary order;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) a criminal defendant repeats a crime despite the fact that the criminal defendant had been punished once due to drunk driving; (b) a blood alcohol concentration is considerably high; and (c) a traffic accident occurs, under the circumstances unfavorable to the criminal defendant; (d) a criminal defendant recognizes the crime; (e) a criminal defendant is seriously against the criminal intent; (e) a criminal defendant does not cause any particular damage due to a traffic accident; (e) a criminal record of the above drunk driving is a criminal record of a fine; and (e) a criminal record of a fine is a criminal record that has no other criminal record

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