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(영문) 수원지방법원 2021.02.04 2020고단8110
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 history] On July 17, 2019, the Defendant received a summary order of KRW 6 million as a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court Kimcheon-cheon Branch.

[Criminal facts] On November 1, 2020, the Defendant driven a D-Wn-Wn-Wn-Wnon car at a distance of approximately 500 meters from the front to the front road located in Suwon-si, Suwon-si, where it is impossible to find out whether it is located in the tower located in Suwon-si, Suwon-si, Suwon-si, the Defendant driven a D-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn

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 report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the Defendant was punished by a fine due to drinking driving at a short time. In light of the risk of occurrence of an accident resulting therefrom and the purport of the amendment of the Aggravated Punishment Act that increased the statutory penalty, the nature of the crime is not easy.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction other than the above previous conviction, and the blood alcohol concentration in the blood was relatively low, the punishment shall be determined as ordered by taking into account various sentencing conditions shown in the records and arguments, including the defendant's age, attitude, environment, driving circumstances, distance, and circumstances after the crime.

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