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(영문) 수원지방법원 2020.06.04 2020고단294
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 May 15, 2009, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 12, 2020, at around 00:45, the Defendant driven a Maz car in the state of alcohol alcohol concentration of about 0.076% from the parking lot in the Young-gu B apartment complex in Suwon-si to the front roads in C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notice of records of drinking alcohol measurement, results of the regulation of drinking driving, reports on the state of drinking drivers, and investigation reports (report on the state of drinking drivers);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);

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 at the same time, and the amount of drinking at the time was not so significant. Considering 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 less complicated.

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 defendant's age, attitude, environment, background and distance of driving, blood alcohol concentration level, circumstances after the crime, etc., various sentencing conditions shown in the records and arguments shall be determined as ordered.

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