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(영문) 수원지방법원 2020.05.07 2020고단447
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

[Criminal Power] On March 6, 2014, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Gwangju District Court’s net support.

【Criminal Facts】

On December 21, 2019, the Defendant, while under the influence of alcohol at around 21:13, driven a vehicle E with low alcohol at approximately 200 meters from the road near Gyeonggi-si B, Gyeonggi-do, to the road near DKa-si, Gyeonggi-do.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification 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 of the provisional payment order is that the defendant, even though there are two times the records of criminal punishment due to drinking driving, driving of the case in this case. Considering the risk of the occurrence of the accident resulting therefrom and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, the fact that one of the above previous departments is relatively old and has no other criminal record, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, circumstances, driving background and distance, blood alcohol concentration level, circumstances after the crime, etc., and various sentencing conditions as shown in the records and arguments.

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