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(영문) 수원지방법원 2020.11.12 2020고단5264
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 Power] On June 16, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 04:30 on July 24, 2020, the Defendant driven a di30-car under the influence of alcohol leveling 0.093% from the 23km section from the front of the Young-gu B apartment parking lot in Suwon-si, Suwon-si to the front road in Osan-si, Osan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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 Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, had a relatively recent history of having been punished by a fine due to a drunk driving, also driven under the influence of alcohol in this case.

At the time of detection, the blood alcohol concentration level did not lower at the time of detection, and the risk of the occurrence of the accident, such as the occurrence of diving during stopping, etc., was also emphasized.

However, considering the fact that the defendant is led to confession and reflect, that there is no previous conviction other than the above previous one, and that the accident does not lead to a multi-accident, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, circumstances of driving, distance, drinking volume, circumstances after the crime, etc., and various sentencing conditions specified in the records and arguments.

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