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(영문) 수원지방법원 2021.01.14 2020고단7225
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On July 17, 2009, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Suwon Friwon method.

Nevertheless, on September 18, 2020, the Defendant driven a car with approximately 10km from the public parking lot located in G in E-si to the front road of D convenience stores in E-si in E-si in E-si, while under the influence of alcohol level of 0.097% among blood transfusions on September 18, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. Previous conviction: Application of a written inquiry, a copy of a summary order, such as criminal history;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the Defendant had been punished by a fine due to drinking, but at the same time driven the instant drinking, and the risk of the occurrence of the accident was not high in light of the volume of drinking or the content of the report at the time.

In this context, considering the purpose of the amendment of the amended law that is raised by statutory penalty, the liability for the crime is not against the law.

However, considering the fact that the defendant is led to confession and reflect, the above previous conviction is ten years before the above previous conviction, and there is no other previous conviction, the defendant's age, attitude, environment, driving background and distance, alcohol concentration level in blood, circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account various sentencing conditions shown in the records and arguments, such as the defendant's age, attitude, environment, driving background and distance

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