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(영문) 수원지방법원 2020.10.22 2020고단3655
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On June 13, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Cheongju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

Around 04:30 on May 11, 2020, the Defendant driven a D Copic car in the state of alcohol of about 20 meters alcohol concentration of about 0.122% from the 20-meter section from the front of the building B in the etern City to the front road of the building C in the etern City.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of sound driving records);

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 is that a defendant repeats a crime even though he had the history of punishment once due to drunk driving, the blood alcohol concentration is not low, and traffic accidents occur, etc. are disadvantageous to the defendant. Meanwhile, under the circumstances unfavorable to the defendant, the defendant recognized the crime and is in a serious go against the truth, the damage occurred only due to traffic accidents, the damage was recovered, the previous conviction is the criminal record of a fine, and there is no other criminal record, etc. are considered as favorable to the defendant, taking into account the circumstances favorable to the defendant, and taking into account all other factors of sentencing specified in the records of this case.

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