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(영문) 수원지방법원 2020.12.18 2020고단6431
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On April 18, 2012, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Suwon District Court on April 18, 2012.

【Criminal Facts】

At around 22:50 on September 6, 2020, the Defendant driven a NAS car under the influence of alcohol concentration of approximately 0.086% at a section of about 400 meters from the roads in front of the funeral hall of the C Hospital in Young-gu, Suwon-si B to the roads in front of the same Gu D.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, notification of the control of drinking driving and the result of respiratory measurement;

1. Previous records: Criminal records, etc. inquiry inquiry reports and application of Acts and subordinate statutes of one summary order;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of fines for criminal facts

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of 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/she had the record of being punished for a drunk driving as stated in its reasoning, and that there is no motive or circumstance to be considered in the instant crime, which is disadvantageous to the Defendant.

On the other hand, the fact that the defendant seems to have the attitude to recognize and reflect the crime of this case is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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