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(영문) 수원지방법원 2020.05.22 2020고단356
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On June 2, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act from the Suwon District Court on the site of Pyeongtaek-gu.

【Criminal Facts】

At around 22:40 on January 14, 2020, the Defendant driven a E-high-speed car while under the influence of alcohol concentration of about 0.139% from the 2km section to the front road located in Suwon-si C, Suwon-si, Suwon-si, Suwon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification on the control results of drinking driving, and written assessment of blood alcohol;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;

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 fact that the Defendant again committed the instant crime even though he had the record of punishment due to drinking driving like the previous conviction in the judgment, the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case, that the defendant would not repeat the crime of this case by disposing of the vehicle provided for the crime of this case, and that there is no other record of criminal punishment except for the previous conviction, is favorable to the defendant.

Other factors of sentencing indicated 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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