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(영문) 수원지방법원 2020.11.26 2020고단6023
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 April 13, 201, the Defendant was issued a summary order of KRW 3 million at the Suwon District Court on the grounds of the violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 9, 2020, the Defendant driven an EXE car at approximately 80 meters from the front of the road located in Young-gu, Young-gu, Young-si B to the front of the D building in Yong-si, Gosi-si to the front of the D building, under the influence of alcohol concentration of about 0.176%.

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 conviction: Application of the Acts and subordinate statutes of inquiry letter and a copy of 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant was punished by a fine due to drunk driving, and the blood alcohol concentration level at the time was also very high. In light of the risk of the occurrence of the accident and the purport of the amendment of the amended Act of which statutory penalty is raised, the nature of the crime is not somewhat weak.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no criminal record other than the above previous one, etc., the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, distance, and circumstances after the crime.

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