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(영문) 수원지방법원 2020.06.18 2020고단1909
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 April 20, 2017, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Cheongju District Court.

On February 22, 2020, at around 23:58, the Defendant was under the influence of alcohol of 0.161%, and the Defendant driven a crash car at 3.4 km up to the 0.4 km of the 00-4m powder of the 00-4 00 00 kh, in the middle of the galke road near the 00-4, in the case of the galke of the galp.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the circumstantial statement of a drinking driver (report on confirmation of the place of departure from a drinking driving) and report on the results of drinking driving measurement and notification of the results of control of drinking driving;

1. Previous convictions indicated in its judgment: Criminal history records, reply reports (A), investigation reports (Attachment to a summary order of the same kind of power), - Application of summary order statutes of Cheongju District Court No. 2017 High Court Decision 2264 shall apply;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under the influence of alcohol in 2017, the driving of the instant case was done under the influence of alcohol. Considering the risk of drinking driving to many unspecified persons and the purport of the amendment of the amended Act of which the statutory penalty is raised, the nature of the relevant crime is not easy.

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, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.

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