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(영문) 수원지방법원 2020.01.09 2019고단5787
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On August 14, 2012, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court.

【Criminal Facts】

On September 20, 2019, the Defendant, despite the history of violating the prohibition on drinking alcohol driving, driven a Dok-C car at approximately 2 km section of approximately 0.127% of blood alcohol alcohol level from the parking lot C located in Hasung-si B to the shooting distance in the Jando-dong at the same time.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification and output of the results of the drinking driving control, the circumstantial statement of a drinking driver, and investigation report (the circumstantial report of a drinking driver);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and Suwon District Court Decision 2012 High Court Decision 3668;

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 [the scope of sentencing] The defendant was subject to the criminal punishment of a fine of KRW 10 million from KRW 20 million to KRW 20 million (the decision of sentencing], as stated in its reasoning, and the defendant was also under the influence of drinking. The blood alcohol concentration level at the time was considerably high, and considering the risk of the occurrence of the accident, the nature of the crime is not weak.

However, taking into account the fact that the defendant is led to confession and reflect, the fact that there is no criminal record other than the previous one of the above fines, and other factors such as the age, attitude, environment, driving background and distance of the defendant, and circumstances after the crime, the punishment as ordered shall be determined by taking into account various factors of sentencing as shown in the records and arguments.

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