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(영문) 수원지방법원 2020.10.16 2020고단4601
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

On October 17, 2012, the Defendant received a summary order of KRW 2 million from the Suwon District Court due to a violation of the Road Traffic Act.

On June 30, 2020, at around 23:17, the Defendant driven a C rocketing car with approximately 1 km alcohol concentration of about 0.117%, while under the influence of alcohol, from the roads near Osan-si B apartment to the Sejong District located in 5, the same city railway station.

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

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. An accident site photograph;

1. Records before judgment: Application of criminal records, etc. inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant again committed the instant crime even though he/she had the record of being punished for a drunk driving as stated in its reasoning, and that there is no motive or circumstance to consider the commission of the instant crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes the crime of this case and that there is no record of criminal punishment exceeding the fine is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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