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(영문) 수원지방법원 2020.11.24 2020고단6516
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 August 6, 2010, the Defendant issued a summary order of a fine of two million won to a violation of the Road Traffic Act at the Suwon District Court on August 6, 2010, and the records of drinking driving are more than once.

【Criminal Facts】

Defendant 2020

9. Around 21:31, while under the influence of alcohol content of 0.096%, a person driving a DNA strawing car at approximately 300 meters away from the section of 300 meters to the front road of the same Gu on the roads near the Shinsi Pool B apartment at Kan-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the report on the statement of the state of drinking drivers, and the control results of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, repeated statements (A), investigation reports (Attachment of summary order), and application of one copy of summary order Acts and subordinate statutes;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under influence of alcohol, the driving of the instant case was done under the influence of alcohol, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the quality of the relevant crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.

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