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(영문) 수원지방법원 2020.06.12 2020고단852
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 16,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On September 10, 2010, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Suwon District Court.

【Criminal Facts】

On February 4, 2020, at around 00:51, the Defendant driven an E Lastren car with the alcohol level of about 0.245% under the influence of alcohol at approximately 1.3km from the front of the C, which is located in the C-W, to the road of the D-W apartment parking lot in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Detection site photographs;

1. Records before judgment: Criminal records, etc. inquiry report, and application of Acts and subordinate statutes governing a summary order for drinking driving under the influence of alcohol;

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 Defendant again committed the instant crime even though he had the record of punishment for the sentencing of Article 334(1) of the Criminal Procedure Act, including the previous conviction in the judgment of the Defendant, and the Defendant’s blood alcohol concentration, speech and behavior condition at the time of the instant crime, and the risk of traffic caused by the Defendant in light of the pedestrian condition is the most unfavorable condition to the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case, and that the defendant was punished for drunk driving in 2010 as stated in its reasoning, and that there is no other means of criminal punishment until the crime of this case is committed 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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