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(영문) 수원지방법원 2021.02.05 2020고단6568
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[criminal history] On April 12, 2013, the Defendant was sentenced to a fine of KRW 1 million for a violation of road traffic law (driving) at the Suwon Friwon.

[2] On September 13, 2020, the Defendant driven a d SM5 vehicle under the influence of alcohol with approximately 0.058% alcohol concentration in blood, from around the road near the C University located in Suwon-si, Suwon-si B to around the 641st of Suwon-si, Suwon-si, Suwon-si, to the road near the 641st of Suwon-si, Suwon-si, Suwon-si.

Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report, investigation report, notification of the results of regulating the driving of drinking and the result of drinking;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that the Defendant again committed the instant crime despite the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment had a record of being punished for driving under drinking, is disadvantageous to the Defendant.

On the other hand, the fact that the defendant seems to have recognized the crime of this case and that there is room for considering the circumstances leading to the crime is favorable to the defendant.

Other circumstances shown in the records, such as the age, sex, motive and background of the crime, results and circumstances of the crime, etc., shall be determined as per the order.

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