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(영문) 수원지방법원 2020.07.23 2020고단2124
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 December 10, 2013, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On March 15, 2020, at around 01:05, the Defendant driven a B SP vehicle under the influence of alcohol level of 0.161% from the 15 km section to the 16th SP apartment distance from a mutually influorous restaurant located in the Suwon-si Syakdong, Suwon-si, Suwon-si, to the 16th SP apartment street.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the investigation report, and the written appraisal of blood alcohol;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant had a record of being punished by a fine due to drunk driving, was also driving in this case at the same time, and the blood alcohol concentration level at the time was considerably high. Considering the risk of the occurrence of the accident and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not easy.

However, considering the fact that the defendant's mistake is recognized and depthed, there is still no previous conviction in excess of the fine, etc., and other various sentencing conditions shown in the records and arguments, such as the age, attitude, environment, driving background and distance of the defendant, and the circumstances after the crime, shall be determined as ordered.

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