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(영문) 수원지방법원 2020.01.16 2019고단6205
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 4, 2012, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Suwon District Court.

【Criminal Facts】

On September 24, 2019, at around 23:45, the Defendant driven a DNA driver’s vehicle from around 3km to around 3km in the front of the restaurant in which it is impossible to identify the trade name in the way of returning the emulative in the form of 0.134% of blood alcohol level, while under the influence of alcohol at around 0.134%.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving regulations twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), inquiry request for appraisal, and notification of the results of the drinking control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 relatively recent history of criminal punishment due to a drunk driving, the driving distance and the blood alcohol concentration level at the time were also reasonable. In light of the risk of an accident caused by the accident and the purport of the amendment of the amended Act, 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 criminal record other than the previous one of the above fines, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, and circumstances after the crime.

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