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(영문) 수원지방법원 2020.10.15 2020고단4531
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On September 17, 2014, the Defendant was sentenced to a suspended sentence of two years for one year by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Suwon District Court.

【Criminal Facts】

On April 30, 2020, at around 22:40, the Defendant driven a DW 530i car in the state of alcohol alcohol concentration of about 0.124% from the section of approximately 21km from the road near the Suwon-si Building B to the road near the Osan-si Factory.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the circumstantial statement of the driving under the influence of alcohol, an investigation report, and an appraisal report on the concentration of blood alcohol;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

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 of the provisional payment order was that the defendant caused a traffic accident due to a drunk driving and was sentenced to a suspended sentence of imprisonment due to an escape from the crime, and the drinking driving of the instant case was also conducted at the same time, and the blood alcohol concentration level was high, and the contact accident occurred.

Considering the risk of drinking driving, which may result in a climatic consequence, the nature of the crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction other than the above previous one, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, health status, family relationship, circumstances, driving circumstances, drinking volume, and circumstances after the crime.

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