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(영문) 수원지방법원 2020.06.19 2020고단1650
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 21, 2016, the Defendant received a summary order of a fine of KRW 6 million from the Suwon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On March 12, 2020, at around 01:12, the Defendant: (a) driven an E Car under the influence of alcohol concentration of about 0.119% at a distance of about 700 meters from the street in front of a restaurant to the DNA route in C; and (b) violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

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

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order committed again the instant crime even though the Defendant had been punished for drinking driving several times, including the previous conviction in the judgment, and was committed again. The Defendant’s blood alcohol concentration or speech condition at the time of the instant crime, and traffic risk resulting from the Defendant in light of the pedestrian condition, and the fact that there is no motive or circumstance to take into account the commission of the instant crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes the crime of this case is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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