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(영문) 수원지방법원 2021.02.05 2020고단6093
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

[criminal history] On September 5, 2007, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court’s Netcheon Branch.

[2] On August 27, 2020, the Defendant driven a D K7 car under the influence of alcohol with approximately 0.173% alcohol concentration from the 200-meter section from the street to C in which it is impossible to identify the trade name located in the wife population B at Chicago-si around August 27, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Notification of the results of regulating the driving of drinking alcohol, the statement of the circumstances of the driver of drinking alcohol, investigation report (the report of the driver of drinking alcohol), and notification to the department related to the report of 112;

1. A previous conviction: Application of a written inquiry and a written reply;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant again committed the instant crime even though he had the record of being punished twice due to drinking, including the previous conviction in the judgment, and that there is no motive or circumstance to consider the commission of the instant crime, the Defendant is disadvantageous to the Defendant.

On the other hand, the defendant appears to have an attitude to recognize and reflect the crime of this case, and the fact that the defendant has no record of punishment for not less than 10 years since he was punished as stated in its reasoning, is favorable to the defendant.

Other circumstances shown in the records, such as the age, sex, motive and background of the crime, results and circumstances of the crime, etc., shall be determined as per the order.

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