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(영문) 수원지방법원성남지원 2020.10.27 2020고단2539
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

【Criminal Power】 On October 31, 2016, the Defendant was subject to a disposition of suspension of indictment for a violation of the Road Traffic Act at the office of the horizontal Housing Site Office of the Suwon District Prosecutors’ Office.

【Criminal Facts of Crimes】 On June 14, 2020, at around 00:59, the Defendant driven C rocketing car with a blood alcohol concentration of about 0.046% in the section of about 50km from the front of a restaurant where it is impossible to know the trade name in the Chungcheongbuk-si B to the front of the Dong-dong Highway located in the Gangwon-gu, Gangwon-do, Gangwon-do, Gangwon-do, to the front of the road.

As a result, the defendant violated the prohibition of drunk driving regulations and drives a car in a drunken state.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's statutory statement, circumstantial statement, notification of the results of the crackdown on drunk driving, criminal history records, investigation reports (a confirmation of the same kind of force, investigation records, 33 pages), and inquiry into the results of crackdown on drunk driving (15 pages of investigation records);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Although the Defendant had been subject to a disposition of suspension of indictment on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, he/she again driven a vehicle on the road at 50km section including an expressway in a state of drinking alcohol concentration of 0.046%, even though he/she was under the influence of drinking around 2016 and was subject to a disposition of suspension of indictment.

The main circumstances are to be taken into account, but the defendant has a attitude to recognize and reflect the defendant's mistake, the defendant has no criminal records other than the above past force and the fine twice, and the defendant has no other criminal records, and the defendant's age, character, character, environment, motive, means and result, circumstances after the crime, etc. shall be determined as ordered in light of the above circumstances.

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