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(영문) 수원지방법원 2020.05.21 2020고단563
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 January 17, 2020, the Defendant received a summary order of fine of 6 million won from the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 27, 2019, at around 00:06, the Defendant driven a 300-meter e-car from the vicinity of the Heungungung-gu B to the front road of the same Gu under the influence of alcohol of 0.040% of blood alcohol level.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, references (A), reports on the results of confirmation of the previous dispositions, and the application of Acts and subordinate statutes of indictment;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was found to have been discovered by the Defendant through a drunk driving on November 2, 2019. Since June 25, 2019, the penal provision for a drunk driving was strengthened, and the Defendant was also able to easily understand the above circumstances through the media, etc., and there is a need for severe punishment in that he/she was a drunk driving.

However, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant recognized the instant crime and divided his mistake; the Defendant has no record of punishment in excess of the fine yet; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.

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