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(영문) 수원지방법원 2020.10.15 2020고단4630
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 9, 2018, the defendant was issued a summary order of 1.5 million won by the Suwon District Court for the crime of violation of the Road Traffic Act.

Nevertheless, at around 22:30 on May 18, 2020, the Defendant driven a BHabban car in the state of alcohol alcohol concentration of approximately 0.082% from the 13km section to the 320.4km (Dongdong bank) road located in Echeon-si, Echeon-si.

As a result, the defendant, even though he had been punished for a drunk driving, has re-driving and violated it more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the report on the statement of the situation of a drinking driver, and the results of the regulation of drinking driving (softer);

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, and summary orders under two 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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished two times or more including the record of punishment for drinking driving in 2018, the pertinent drinking driving was conducted at the same time, and considering the risk that drinking driving may affect many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the nature of the relevant crime is not easy.

Provided, That the punishment shall be determined as ordered by taking into account the following factors: the defendant's confession and reflect, his/her age, attitude, environment, driving circumstances, distance, circumstances after the crime, etc., and various sentencing conditions shown in the pleading.

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