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(영문) 수원지방법원 성남지원 2020.04.29 2020고단320
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On March 25, 2019, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 14, 2020, at around 23:05, the Defendant driven Bsch Rexroth car at approximately 800 meters from the front Do to the front road of the same way as the blood alcohol concentration of 0.118%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol, report on the purification statement, and report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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 a high-risk crime that may infringe on the life and property of others as well as himself/herself. The Defendant is highly likely to criticize the Defendant in that he/she repeats the crime within a short period after his/her driving.

However, in consideration of the fact that the defendant recognized his mistake and reflects, that the defendant has no criminal records other than once before and after a fine due to drunk driving as stated in the judgment, and other various circumstances shown in the arguments, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, the punishment as ordered shall be determined.

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