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(영문) 수원지방법원 2020.08.13 2020고단1857
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On February 13, 2009, the Defendant received a fine of one million won as a crime of violation of the Road Traffic Act from the Suwon District Court on February 13, 2009.

【Criminal Facts】

At around 03:00 on March 3, 2020, the Defendant driven a DK5 passenger vehicle with a blood alcohol concentration of about 0.170 percent in the section of approximately 2.5 kilometers from the Do in front of the Osan Central Point located in Osan City to the front road of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Investigation report (application of the Tramark Official Form);

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of 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 that a defendant repeats a crime despite the fact that he had been punished once due to drunk driving, the fact that a traffic accident has occurred due to a drunk driving, etc., under the unfavorable circumstances against the defendant. Meanwhile, the defendant recognizes the crime and is against the truth, the occurrence of minor physical damage due to a traffic accident, the occurrence of only minor physical damage due to a traffic accident, and the occurrence of a criminal record prior to drinking, etc. shall be considered as favorable to the defendant, and all other sentencing conditions in the records of this case shall be considered as the circumstances favorable to the defendant.

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