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(영문) 수원지방법원 2020.08.13 2020고단1818
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 11 million.

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

Reasons

Punishment of the crime

[Criminal Power] On September 21, 201, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Suwon District Court on September 21, 201.

【Criminal Facts】

On February 28, 2020, the Defendant driven DK3 automobiles under the influence of alcohol with approximately 12k alcohol concentration of about 0.168% from the section of approximately 12k to the remote distance of 1403, as the wife population, from the nearby road located in Young-gu C, Young-si B around 18:08, the Defendant driven DK3 automobiles under the influence of alcohol with alcohol content of 0.168%.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the provisions of the Road Traffic Act prohibiting driving under the influence of alcohol once or more.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written appraisal of blood alcohol;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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, despite the fact that the defendant had been punished once due to drunk driving, and the fact that the blood alcohol level is very high, etc., are disadvantageous to the defendant, while the defendant recognizes the crime and is against the truth, the defendant does not have any traffic accident, the criminal record of the above drunk driving is a fine, the fact that there is no other criminal record, and the support is supported by his family, etc., shall be considered as favorable to the defendant, and all other sentencing conditions in the records of this case shall be considered as ordered as per Disposition, taking into account the circumstances favorable to the defendant.

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