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(영문) 수원지방법원 2020.09.17 2020고단2955
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 17, 2009, the Defendant received a summary order of KRW 700,00 from the Suwon District Court to a fine for a violation of the Road Traffic Act.

On April 25, 2020, around 01:05, the Defendant driven a E-car under the influence of alcohol content of about 0.065% from the 4km section to the front road of D located in the same Gu C from the Do of the wife population B at Chicago-si. The Defendant driven the E-car under the influence of alcohol content of about 0.065%.

Accordingly, the defendant violated the Road Traffic Act prohibition regulations at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of punishment records for running a motor vehicle), and application of Acts and subordinate statutes of one 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant re-offending a crime despite the fact that the Defendant had been punished once due to drunk driving; (b) the occurrence of traffic accidents, etc. that are disadvantageous to the Defendant; (c) the Defendant recognized and seriously reflects the Defendant’s criminal act; (d) physical damage only occurred due to traffic accidents; (c) the aforementioned drinking division was a fine before 2009; and (d) the fact that the blood alcohol level was low shall be considered as favorable to the Defendant; and (e) all other factors of sentencing specified in the records of the instant case shall be

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