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(영문) 수원지방법원 2020.10.22 2020고단3675
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 March 31, 2014, the Defendant was issued a summary order of KRW 1 million by the District Court of the Republic of Korea for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 13, 2020, at around 22:01, the Defendant driven a motor vehicle with a 500-metres F, from the Do in front of the restaurant “C” located in the wife-population B, to the road located in D, while under the influence of alcohol of 0.154% of blood alcohol concentration.

As a result, the Defendant violated the prohibition of negative driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Inquiry the results of the drinking driving control;

1. A written request for appraisal, a written report and an appraisal;

1. Previous convictions: Application of Acts and subordinate statutes attached to criminal records and identical summary orders;

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 the defendant repeated a second offense despite the fact that the defendant had been punished once due to drunk driving, and that blood alcohol level has not been lowered, etc., under the circumstances unfavorable to the defendant, while the defendant recognizes the crime and is against the truth, the fact that the defendant does not have any traffic accident, the criminal record of the above drunk driving is a fine, and the fact that there is no other criminal record, etc. are considered as favorable to the defendant, taking into account the circumstances favorable to the defendant, and taking into account all other sentencing conditions in the records of this case.

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