(영문) 수원지방법원 2020.11.27 2020고단6719

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(영문) 수원지방법원 2020.11.27 2020고단6719

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

On June 29, 2016, the Defendant was issued a summary order of a fine of one million won for the violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for the crime of violation of the Road Traffic Act.

On September 22, 2020, the Defendant driven a DNA rocketing car with approximately 1km alcohol concentration of about 0.139% from around 22:2:0 on September 22, 2020 to around C of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

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

1. Records of judgment: Application of criminal records, inquiry reports, and summary order 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to the drinking alcohol in this case.

However, in light of the following circumstances, the defendant recognized the crime of this case and divided his mistake, and the defendant did not have any other criminal records other than the above one-time fine, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the punishment as ordered shall be determined by taking into account the various circumstances, which form the conditions for sentencing as shown in the records, such as the

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