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(영문) 수원지방법원 2020.10.08 2020고단4083
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

[Criminal Power] On October 4, 2012, the Defendant received a summary order of KRW 3,50,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 12, 2020, the Defendant driven D rocketing car with a blood alcohol concentration of about 0.067% from approximately 6 km section to the road near the Suwon bus terminal at Suwon-si, to the road front of the gas station located in the Suwon-si, Suwon-si, Suwon-si, which was under the influence of alcohol at around 270 km-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes 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, even though the defendant had a record of being punished by a fine due to a drunk driving, was also driving in this case. Considering the risk of the occurrence of the accident resulting therefrom and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not exceptionally.

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 the accident, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, developments and distance, blood alcohol concentration level, circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments, such as the situation after the crime.

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