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(영문) 수원지방법원 2021.01.14 2020고단7002
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

[Power of crime] On March 28, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (driving) at the Suwon Friwon.

[2] On September 30, 2020, the Defendant driven a F Alti-Ming Vehicle under the influence of alcohol concentration of 0.224% at a section of about 900 meters from the road adjacent to C located in Young-gu, Suwon-si, Suwon-si, Suwon-si, to the second floor parking lot of D apartment E, Dong-dong, Dong-dong, and Dong-dong.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report, investigation report (report on the situation of the driver in charge of driving), notification of the results of crackdown on the driving of drinking, and record of the measurement of drinking;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was punished by a fine on one occasion due to drinking alcohol driving, while driving the instant drinking.

At the time of the case, the alcohol concentration in blood was very high, and the risk of the occurrence of the accident was extremely high in the light of the content of the report, on-site photographs, etc.

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 criminal record, and the fact that the accident does not lead to the accident, the punishment is determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, distance, drinking volume, circumstances after the crime, etc., and various sentencing conditions specified in the records and arguments.

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