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(영문) 수원지방법원 2020.06.12 2020고단794
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On February 1, 2008, the Defendant received a summary order of KRW 700,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On January 16, 2020, at around 00:20, the Defendant driven an E rocketing car with the blood alcohol concentration of about 0.136% in the 1km section from the front of the road in the ethic City B to the neighboring road in the ethic City D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of crackdown on drinking driving, and written appraisal of blood alcohol;

1. Records before judgment: Application of criminal records, etc. inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. The defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is that he/she again committed the crime of this case despite the fact that he/she had been punished for drinking driving as stated in its reasoning.

On the other hand, the fact that the defendant recognizes the crime of this case and that there is no record of criminal punishment other than the previous conviction is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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