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(영문) 수원지방법원 2021.03.25 2020고단9147
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

[criminal history] The defendant is a person against whom a summary order of KRW 1 million is requested as a fine for a violation of Road Traffic Act (drinking driving) in the support of Suwon Friwon on December 9, 2020.

[Criminal facts] On December 13, 2020, the Defendant driven D Spo-type vehicles under the influence of alcohol concentration of approximately 0.085% while under the influence of alcohol from around 21:30 to around 26km in a section of approximately 26km from around 13, 2020 to the adjacent road of the C apartment.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Before the defendant's legal statement statement report, notification of the results of crackdown on drinking driving, and inquiry about the results of crackdown on drinking driving: The application of the statutes governing the foreigner's crime and investigation experience and the summary order;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

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

1. Article 334(1) of the Criminal Procedure Act unfavorable to the grounds for sentencing of Article 334(1) of the Criminal Procedure Act - The Defendant committed the instant crime again because he was found to have been under investigation by the police while driving alcohol, even though he was found to have been under investigation by the police.

- The alcohol concentration level in blood is not lower than 0.085%, and the driving distance is not only driving way, but also a vehicle driving, which leads to the danger of apartment stairs.

- The defendant recognizes his fault and reflects his fault.

- The instant crime did not lead to a traffic accident involving personal and material damage.

- In addition to the previous convictions of fines for a time, there are no other previous convictions in Korea.

Other circumstances, such as the age, sex, environment, and circumstances after the crime, which are the conditions of sentencing as shown in the records and pleadings, shall be determined as ordered by taking into account the various circumstances.

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