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(영문) 수원지방법원 2020.09.24 2020고단4622
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On June 20, 2007, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act at the Seoul Central District Court.

【Criminal Facts】

On April 13, 2020, the Defendant was under the influence of alcohol of 0.087% of blood alcohol concentration around 16:55 on April 13, 2020, and the Defendant driven a DNA car at the section of about 10 kilometers of dscackers within the limit of 10 kilometers from the G-si roads adjacent to the G-si, Gwangju Metropolitan City to the scopic apartment (scopage) air.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the report on the statement of the state of drinking drivers, and the control results of drinking driving;

1. Previous convictions in judgment: Criminal history records, references (A), investigation reports (Attachment of suspect A's previous records and certified copies of judgment), and application of one copy of judgment 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 for driving under influence of alcohol, the driving of the instant case was done under the influence of alcohol, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the quality of the relevant crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.

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