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(영문) 수원지방법원 2020.09.11 2020고단3103
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 6, 2015, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from an Ansan District Court branch on April 6, 2015.

【Criminal Facts】

At around 00:00 on May 1, 2020, the Defendant driven B rocketing car with blood alcohol concentration of about 0.060% from the public parking lot adjacent to the viewing room located in the same Dong to the viewing road of water sources located in the same Dong.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification of the results of the control of drinking driving, and record book of the measurement of drinking;

1. Records before judgment: Criminal history records, etc. and application of one copy of a summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

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 consider the commission of the instant crime is disadvantageous to the Defendant.

On the other hand, the defendant seems to have an attitude to recognize and reflect the crime of this case, and the fact that there is no other force to criminal punishment except before the judgment 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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