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(영문) 수원지방법원 2020.09.24 2020고단3900
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 December 19, 2016, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on December 19, 2016.

【Criminal Facts】

On May 22, 2020, the Defendant driven D X-ray car under the influence of alcohol level of about 0.09% from approximately 5km to the nearby road of Gwangju City, Gwangju City, to the neighboring road of Gwangju City.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the provisions of the Road Traffic Act prohibiting driving under the influence of alcohol once or more.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records: Criminal records, inquiry reports, and the application of the same type of power-related Acts and subordinate statutes;

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, even though the defendant had been punished by a fine due to a drunk driving in the last five years, he/she also driven under the influence of alcohol at the time, and the blood alcohol concentration and driving distance at the time was reasonable. In light of the risk of the occurrence of the accident, the nature of the crime is not easy.

However, considering the fact that the defendant is led to confession and reflect, and that the accident does not lead to the accident, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, drinking volume, and circumstances after the crime, and various conditions of sentencing as shown in the arguments.

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