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(영문) 수원지방법원 2021.01.28 2020고단7859
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 November 14, 2018, the Defendant was issued a summary order of a fine of five million won for a crime of violating the Road Traffic Act at the Suwon Flag Flag.

[2] On October 21, 2020, the Defendant driven FK3 cars at the section of approximately 1.5 km from the 200 km datum in Suwon-gu, Suwon-si to the front road located in Suwon-si, Suwon-si, under the influence of alcohol by 0.15% in alcohol while under the influence of alcohol, even though he had a history of driving alcohol at around 00:38,020.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment);

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 of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is that the Defendant was punished by a fine for driving under the influence of alcohol at the same time, and the alcohol concentration level at the time was considerably high. In light of the risk of the occurrence of the accident caused by the accident and the purport of the amendment of the amended law that raised the statutory penalty, the nature of the crime is not somewhat weak.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction other than the above previous conviction, and the fact that the accident does not lead to the accident, other factors such as the defendant's age, attitude, environment, circumstances, distance, and circumstances after the crime are considered, the punishment as ordered shall be determined by taking into account the various factors of sentencing as shown in the records and arguments.

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