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(영문) 수원지방법원 2020.12.17 2020고단6888
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

[criminal power] On August 29, 2017, the Defendant received a summary order of a fine of three million won as a violation of the Road Traffic Act (driving) from the Suwon District Court.

【Criminal Facts】

On July 10, 2020, the Defendant again driven a Dbee car in the state of under the influence of alcohol 0.135% alcohol level from the 3km section of approximately 3km to the Cart road located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, even though the Defendant violated the prohibition of drunk driving, at around 22:33, 2020.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and response to requests for appraisal by the drinking driver; and

1. Previous convictions: Application of criminal records and copies of summary order Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), 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 of the provisional payment order is that the Defendant was punished by a fine due to a drunk driving, and the blood alcohol concentration level at the time of the instant case was considerably high. In light of the risk of the occurrence of the accident and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not easy.

However, considering the fact that the defendant confessions and reflects, and 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, and circumstances after the crime, etc., and the various sentencing conditions as shown in the arguments shall be determined as ordered.

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