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(영문) 수원지방법원 2020.08.27 2020고단3096
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 December 24, 2010, the Defendant was issued a summary order of KRW 2 million at the Suwon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 12, 2020, at around 02:05, the Defendant driven a DSS5 car under the influence of alcohol leveling of about 0.208% from the 500-meter distance front of the entrance of B at Sungsung City to the front road.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the investigation report, and the written appraisal of blood alcohol;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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, even though the defendant had a record of being punished by a fine due to a drunk driving, was also driving in this case at the same time, and the risk of the occurrence of an accident was significantly high due to the diving while driving on the road at the time, and the nature of the crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction in excess of the fine yet, and the fact that the accident does not lead to the accident, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, distance, blood alcohol concentration level, circumstances after the crime, etc., and various sentencing conditions specified in the records and arguments.

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