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(영문) 수원지방법원 2020.11.05 2020고단3518
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On September 28, 201, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 24, 2020, at around 01:16, the Defendant driven a DNA low-income vehicle under the influence of alcohol level of about 3 km from the section of approximately 0.131% under the influence of alcohol level of 0.131%, from the road near Suwon-gu, Suwon-si B to the road of the heading room in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

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 twice by a fine due to a drunk driving, he/she also driven in the instant case at the same time, and the blood alcohol concentration level was considerably high, and caused a single accident.

In this context, considering the purpose of the amendment of the statutory penalty raised, the quality of the crime is not somewhat weak.

However, considering the fact that the defendant is led to confession and reflect, the fact that the above previous conviction is relatively old, and there is no criminal record other than the previous one, the conditions of various sentencing shown in the records and arguments, such as the defendant's age, attitude, environment, driving circumstances, distance, drinking volume, and the circumstances after the crime, shall be determined as per the disposition.

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