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(영문) 수원지방법원 2020.04.17 2020고단106
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On April 11, 2018, the Defendant was issued a summary order of KRW 5 million by the Suwon District Court due to a violation of the Road Traffic Act.

On December 22, 2019, at around 00:35, the Defendant driven FK7 vehicles at approximately 1 km from the front of the “C” restaurant located in the wife population B to the “Ecafeteria” parking lot located in D, in a state of drunk alcohol content of 0.106%.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation:

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Records of judgment: Criminal history records, inquiry reports, old summary indictment, and application of Acts and subordinate statutes of a summary order;

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order 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 less than that of the crime, but not less than that of the blood alcohol concentration due to the drinking alcohol in this case.

Since the Defendant was punished for drinking driving, etc. on April 2018, and two years have not passed since then, the Defendant committed the instant crime again, there is a lot of possibility of criticism.

However, considering the fact that the defendant is recognized as committing the crime of this case and there is no record of criminal punishment except for the above one-time fine, and other various circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence, etc., which are the conditions of sentencing as shown in the record, the punishment as ordered shall be determined.

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