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(영문) 수원지방법원 2020.11.19 2020고단3704
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 January 23, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 18, 2020, at around 00:23, the Defendant driven a F K3 car under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.107% from the 500-meter section to the road of “Ecafeteria” located in D, Suwon-si, Suwon-si.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Notice of the results of the drinking driving control and a measuring record;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);

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 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, and that the blood alcohol concentration has not been lowered, etc. are disadvantageous to the defendant, while the defendant is found to have committed a crime, the fact that the defendant is found to have committed a serious violation, the fact that the defendant does not have any traffic accident, the criminal record of the above drinking driving is prior to a fine, the fact that there is no other criminal record, and the fact that the defendant's economic situation is not good, etc. shall be considered as favorable to the defendant, and all other sentencing conditions in the records of this case are considered as ordered

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