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(영문) 수원지방법원 2020.11.05 2020고단2543
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

On July 3, 2009, the defendant issued a summary order of one million won as a crime of violation of the Road Traffic Act at the Suwon District Court on July 3, 2009.

Nevertheless, at around 22:10 on February 8, 2020, the Defendant driven a Donland with the Donland while under the influence of alcohol more than 0.03% of alcohol in the 5km section from the parking lot of the Dansi City to the front road of the Masan-si apartment.

As a result, the defendant, even though he had been punished for a drunk driving, has re-driving and violated it more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement of a host driver, investigation report (the circumstantial report of a host driver), and investigation report (to be attached toCCTV images);

1. Previous records: Application of criminal records, inquiry records, and copies of summary order 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 of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order, even though the defendant had a record of being punished twice due to drinking driving, he/she also driven the instant case at the same time, and the drinking volume was considerable, and caused a single accident.

In this context, considering the purpose of the amendment of the statutory penalty raised, the quality of the crime is not somewhat weak.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, etc., the defendant's age, attitude, environment, driving background and distance, and circumstances after the crime, various sentencing conditions shown in the records and arguments shall be determined as ordered.

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