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(영문) 수원지방법원 2020.11.12 2020고정1440
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On April 6, 2007, the Defendant received a summary order of KRW 1,50,00,000 from the Suwon District Court as a crime of violation of the Road Traffic Act.

Nevertheless, at around 01:54 on May 20, 2020, the Defendant was under the influence of alcohol with 0.112% of blood alcohol concentration, and the Defendant driven DK7 car at 4 km up to the vicinity of C in the lusium in which the trade name in the vicinity of the lusium B apartment is unknown.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notice of the result of crackdown on drinking driving, report on the circumstantial situation of a drinking driver, and a report on the situation of a drinking driving and an appraisal report on alcohol alcohol;

1. Previous convictions in judgment: Application of criminal records and summary order 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 under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant both acknowledges the crime and does not repeat the crime.

The punishment shall be determined in consideration of the numerical value of blood alcohol concentration, driving distance, the frequency of punishment for the same kind of crime, the details of the crime, and all the sentencing conditions shown in the pleading of this case.

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