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(영문) 수원지방법원 2020.11.13 2020고단3933
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 5, 2008, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Suwon District Court.

【Criminal Facts】

On May 18, 2020, the Defendant driven a FW125 wheeled vehicle under the influence of alcohol concentration of about 0.123% in the section of approximately 600 meters from May 18, 2020 to Ethy road located in Suwon-si, Suwon-si, Suwon-si, the Defendant violated the Road Traffic Act (driving) at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a traffic accident report, a report on the occurrence of a traffic accident, a report on the circumstantial statement of an employed driver, an investigation report, and a report on internal investigation;

1. G CCTV images closure photographs, CCTV images closure photographs, and accident site photographs;

1. Records before judgment: Criminal history records, etc. and application of one copy of a 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 is that the Defendant again committed the instant crime even though he/she had the record of being punished for a drunk driving as stated in its reasoning, and that there is no motive or circumstance to consider the commission of the instant crime is disadvantageous to the Defendant.

On the other hand, the defendant seems to have the attitude of recognizing and opposing the crime of this case, and the fact that the defendant was punished for drunk driving and had no record of punishment for drinking driving for more than 10 years until the crime of this case is committed 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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