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(영문) 수원지방법원 2020.05.22 2020고단813
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

On March 26, 2015, the Defendant issued a summary order of KRW 3 million at the Suwon District Court for the crime of violation of the Road Traffic Act.

On January 30, 2020, at around 20:20, the Defendant driven a FMW 320d car under the influence of alcohol content of approximately 0.232% in the 3km section from the road near the C point located in Young-gu, Suwon-si, Suwon to the road in the Eccock D in the ecock si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, photographs at the control site, and report on the detection of drunk driving;

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

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

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the defendant, who has a record of driving a drunk, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but it is very high in the blood alcohol concentration due to the drinking of this case.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant has no record of criminal punishment other than the above one-time fine, and the defendant has no record of criminal punishment, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., as stated in the records, shall be determined by the sentence like the order, taking into account various circumstances, such as the following circumstances.

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