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(영문) 수원지방법원 2020.06.18 2020고단595
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On September 28, 2013, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

At around 01:08 on December 31, 2019, the Defendant driven CP car under the influence of alcohol level of about 0.131% from a distance of about 4.6km-ro, Geumcheon-dong, Geumcheon-gu, Suwon-si, Suwon-si, to approximately 100 Gicheon-gu, Geumcheon-gu, Suwon-si, Suwon-si (Incheon-do, Sucheon-do), the Defendant driven CP car under the influence of alcohol level of about 0.131%.

Accordingly, the defendant violated the regulations prohibiting drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

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 provisional payment order is that a defendant repeats a crime despite the fact that he/she had been punished once due to drunk driving, a high blood alcohol level, and a traffic accident occurs, etc., under the circumstances unfavorable to the defendant, while the defendant recognizes and reflects the crime, the occurrence of the traffic accident does not seem to be the principal responsibility of the defendant, the occurrence of physical damage due to the traffic accident, the occurrence of the traffic accident, the criminal record of the above drunk driving is the criminal record of a fine, and the fact that the above criminal record is the criminal record of a fine in favor of the defendant, and the other criminal records are no other criminal records, etc.

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