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(영문) 수원지방법원평택지원 2020.10.16 2020고단376
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

On March 23, 2015, the Defendant was notified of a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Sung-nam branch of Suwon District Court.

On January 13, 2020, the Defendant driven a DK7 car under the influence of alcohol level of about 0.048% in the section of approximately 200 meters from the roads near Pyeongtaek-si B to the roads near the same city.

Accordingly, the defendant violated the provision on prohibition of drunk driving under the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driving of a driver, the circumstantial statement of the driver, and the investigation report (the circumstantial report of the driver);

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal history records, etc., references to inquiry reports, previous records of disposition, reports on results of confirmation, and application of Acts and subordinate statutes on attached data;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc.:

The circumstances that have already been punished for driving under the influence of alcohol but are favorable to the driving under the influence of alcohol: The fact that the crime is recognized and reflected, the blood alcohol concentration level at the time of detection is not very high, there is no circumstance that the risk of driving is realized due to the case discovered for simple drinking control, and the driving distance is relatively relatively short.

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