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(영문) 수원지방법원 2020.10.22 2020고단3631
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 16, 2008, the Defendant, at the Suwon District Court, had been sentenced to a summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act. However, on May 25, 2020, the Defendant driven a Crane car while under the influence of alcohol of approximately 0.068% of the blood alcohol concentration from the 1km section to the 22:48 roads adjacent to the Suwon-si Port, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, from May 25, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of the same criminal records as the suspect), and application of summary order statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order committed a second offense despite the fact that the defendant had been punished once due to drunk driving, etc. is disadvantageous to the defendant. Meanwhile, the fact that the defendant recognized the crime and is against the truth-finding, the traffic accident did not occur, the criminal record of the above drunk driving is the criminal record of a fine for 2009, the fact that there is no other criminal record, and the fact that the degree of blood alcohol level was not high shall be considered as favorable to the defendant, and the decision is made as per the Disposition, taking into account all other factors favorable to the defendant.

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