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(영문) 수원지방법원 2020.08.13 2020고단2381
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 October 24, 201, the Defendant was issued a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) in the Daejeon District Court’s Branch of Incheon District Court on October 24, 201.

【Criminal Facts】

On April 1, 2020, at around 23:45, the Defendant driven a 200-meter B SP car from around the day of the mutual influence in the Young-gu, Young-gu, Young-gu, Young-gu to the road next to the Heak-gu, Young-si, Young-si, Gipo-si, Youngwon-si, which was under the influence of alcohol with a 0.09% alcohol level.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statements of a drinking driver, investigation reports, inquiry into the results of the drinking control, and lifts;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes attaching the same summary order;

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, and the blood alcohol concentration level at the time was also reasonable. In light of the risk of the occurrence of the accident and the purport of the amendment of the Act increased by statutory penalty, the nature of the crime is not easy.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction other than the above previous one, and the fact that the accident does not lead to a multi-accident, other factors such as the defendant's age, attitude, environment, developments and distance, circumstances after the crime, etc., the punishment as ordered shall be determined in light of the various sentencing conditions as shown in the records and arguments.

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