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(영문) 수원지방법원 2021.01.14 2020고단6061
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 Records of Crimes】 On November 19, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking) from the Suwon Friwon.

【Criminal facts】 On August 21, 2020, the Defendant driven Cpoter II cargo under the influence of alcohol leveling 0.161% from the distance of about 3 km from the front of the place where it is impossible to find out the flow of life movement in Suwon-si, Suwon-si to the front road of Suwon-si, Suwon-si, the Defendant driven Cpoter II truck under the influence of alcohol leveling 0.161%.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the result of drinking measurement and the result of regulating drinking driving;

1. Previous convictions indicated in the judgment: Inquiry of criminal history, investigation reports (verification of the same criminal records as the suspect), and application of the statutes governing summary orders;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant committed a second offense despite the fact that the Defendant had been punished once due to drinking alcohol driving; (b) the fact that the blood alcohol concentration is very high; (c) on the other hand, the Defendant recognized the Defendant’s crime; (d) the Defendant did not have any traffic accident; and (e) the said person’s previous conviction was sentenced to a fine for 2010 years; and (e) the fact that there is no other criminal record, etc. are favorable to the Defendant, taking into account the circumstances favorable to the Defendant, and taking into account all other factors of sentencing specified in the records of the instant case.

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