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(영문) 수원지방법원 2020.11.24 2020고단5207
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

On January 20, 2014, the defendant is a person who has received a summary order of a fine of three million won from the Suwon District Court for a violation of the Road Traffic Act.

On June 28, 2020, at around 08:40 on June 28, 2020, the Defendant driven a BD car under the influence of alcohol concentration of approximately 0.066% from the 2km section of approximately 2km to the road in front of the State Veterans Organization of Suwon-si, Suwon-si, Suwon-si to the same Chowon-ro.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the report on the statement of the state of drinking drivers, and the control results of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes governing summary orders;

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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under influence of alcohol, the driving of the instant case was done under the influence of alcohol, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the quality of the relevant crime is not weak.

However, in consideration of the fact that the defendant is led to confession and reflect, etc., the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, distance, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments.

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