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(영문) 수원지방법원 2020.05.14 2020고단814
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 January 10, 2018, the Defendant was issued a summary order of KRW 4 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 16, 2020, at around 05:14, the Defendant, a person with the power of violating the prohibition of drunk driving, driven an E-motor vehicle under the influence of alcohol with approximately 0.163% alcohol concentration from the front of the “C” road located in Masung City B to the front of the same city.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of Acts and subordinate statutes of one copy of a summary order;

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 a drunk driving, and the drinking driving of this case was conducted at the same time, and the blood alcohol concentration level at the time was considerably high, and the physical damage was also caused. The nature of the crime is not easy.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no criminal record other than the above previous one, etc., the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, distance, and circumstances after the crime.

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