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(영문) 수원지방법원 2020.07.23 2020고단2270
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On December 10, 2019, the Defendant was issued a summary order of a fine of two million won by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On March 17, 2020, at around 00:55, the Defendant driven an EsocdaR-V car from approximately 100 meters away from the front of the Kungungung-gu, Gung-gu to the same Gu C and D road in the state of alcohol by 0.125% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, on-site launch photographs, and notification of the results of the regulation of drinking driving;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

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 was punished by a fine due to drunk driving, and even if he was punished by a fine, he was driving under the influence of alcohol in several months thereafter, and the blood alcohol concentration level at that time was considerably high. Considering the risk of the occurrence of the accident and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction other than the above previous one, and the fact that the accident does not lead to a multi-accident, other factors such as the defendant's age, attitude, environment, developments and distance, circumstances after the crime, etc., the punishment as ordered shall be determined in light of the various sentencing conditions as shown in the records and arguments.

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