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(영문) 수원지방법원 2020.04.24 2020고단461
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

On February 1, 2012, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court due to the violation of the Road Traffic Act.

On January 15, 2020, at around 22:30, the Defendant driven Cone Star Motor Vehicle in approximately 2 km from the front of a restaurant in the mutual influorial common source in Suwon-si to the front road in Suwon-si, Suwon-si, Suwon-si, Suwon-si.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Notification of the results of the control of drinking driving, measurement set, investigation report (report on the circumstances of drinking drivers), and report on the circumstantial statements and photographs of drinking drivers;

1. Records of judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the defendant, who has a record of driving a drunk, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but the result of the blood alcohol concentration due to drinking in this case is higher.

However, in light of the fact that the defendant recognized the crime of this case, the punishment as ordered shall be determined by taking into account the following circumstances, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence, the circumstances after the crime, etc.

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