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(영문) 수원지방법원 2020.06.18 2020고단956
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 September 30, 2013, the Defendant received a summary order of KRW 3 million from the Suwon District Court on the ground of the violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 16, 2020, the Defendant was under the influence of alcohol of 0.130% on blood alcohol level at around 00:38, the Defendant driven a FMW 740L xD vehicle at approximately 100 meters away from the front road located in D near Suwon-si B, Suwon-si, to the front road located in D.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal of the circumstantial statement of a drinking driver, and inquiry into the results of the regulation of drinking driving;

1. Previous convictions indicated in its judgment: Criminal history records, reply reports (A), investigation reports (related to sound prior to drinking), - Copy of summary order No. 2013 high-class Class 1476 high-class housing site costs, and the application of statutes governing the summary order;

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 a record of being punished for driving under influence of alcohol, the driving of the instant case was done under the influence of alcohol, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the quality of the relevant 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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