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(영문) 수원지방법원 2020.08.21 2020고단3442
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On January 11, 2012, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court due to a violation of the Road Traffic Act.

At around 05:40 on May 16, 2020, the Defendant driven C QM5 car under the influence of alcohol with approximately 0.053% alcohol concentration from the 4km section around the Suwon Station, which was located in 924, to the front road of the same city, from the river near the Suwon Station, which was located in 924 in 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. A report on internal investigation:

1. Report on the circumstantial statements of a drinking driver, investigation report (report on the circumstances of a drinking driver), measuring records, and notification of the results of the regulation of drinking driving;

1. Records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not that of the latter.

However, the defendant recognized the crime of this case and divided his mistake, the defendant appears to have been driving of this case under the circumstance that the defendant was under the influence of taking care of less care due to the preceding drinking, and there seems to be some circumstances to take into account the situation. The defendant's history of drinking driving is more than 8 years after the date of the crime of this case, and the defendant has no other criminal records other than two times of fine, and the defendant has no other criminal records, and the defendant's age, character and behavior, character and environment, motive and circumstance of the crime, means and consequence of the crime, etc., and the conditions of sentencing as shown in the records, such as the circumstances after the crime, etc. shall be determined as ordered.

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