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(영문) 수원지방법원평택지원 2020.12.18 2020고단1217
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 May 11, 2018, the defendant was sentenced to a fine of one million won for the violation of the Road Traffic Act in the Suwon District Court's Eunpyeong site site.

Nevertheless, at around 03:30 on May 13, 2020, the Defendant driven an EMW740Li car under the influence of alcohol leveling 0.067% in the 1km section from the Dju shop in front of Pyeongtaek-si B house to the front of Dju shop in C.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driving of a driver, the circumstantial statement of the driver, and the investigation report (the circumstantial report of the driver);

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Application of criminal records and other inquiries and other Acts and subordinate statutes;

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. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and the circumstances after the crime.

In unfavorable circumstances: The fact that the driver has already been punished for driving under the influence of alcohol even though he had the history of punishment for driving under the influence of alcohol, the situation after the crime is not good, and the fact that there is a large number of traffic-related criminal records including the history of having been sentenced to a suspended sentence of imprisonment by giving traffic accidents during driving without a license: The fact that the crime is recognized and reflects, the blood alcohol concentration level at the time of detection is relatively high, and there is no circumstance that the risk of driving under the influence of alcohol is realized.

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