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(영문) 수원지방법원 2020.11.26 2020고단5924
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 11 million.

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

Reasons

Punishment of the crime

[Criminal Power] On October 7, 2016, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Housing Site Board for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 17, 2020, at around 00:15, the Defendant driven D K5 automobiles while under the influence of alcohol with approximately 0.085% of alcohol concentration at approximately 4km from the front of Suwon-si, Suwon-si B to the front of the same Gu C.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the results of the drinking driving control and the drinking-measurement;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (report accompanied by a copy of summary order), and application of a copy of summary order Acts and subordinate 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 fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order committed a second offense despite the fact that the defendant had been punished once due to drunk driving, etc. is disadvantageous to the defendant, while the defendant is recognized as committing a crime and is against the truth-finding, traffic accidents do not occur, the criminal records before and after the above drinking driving are criminal records, and there are no particular criminal records, and the fact that the person has a high blood alcohol level, and support his family members, etc., shall be considered as favorable to the defendant, and all of the sentencing conditions stated in the records of this case shall be considered as ordered as above.

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