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(영문) 수원지방법원 2020.09.24 2020고단4496
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On March 25, 2015, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court.

【Criminal Facts】

On June 27, 2020, at around 08:25, the Defendant driven a DNA car while under the influence of alcohol of about 1 0.081% of alcohol concentration from a distance of about 1km from the front road of Suwon-si, Suwon-si B to the front road of the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking and driving, and lifts;

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A) and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had the record of being punished for two times or more, the driving of the instant drinking, and considering the risk that drinking driving may affect many unspecified persons and the purport of the amendment of the amended Act, the nature of the crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.

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