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(영문) 수원지방법원 2020.11.26 2020고단5060
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 11 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On November 30, 201, the Defendant was issued a summary order of KRW 700,000 by the Suwon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

At around 20:50 on June 24, 2020, the Defendant driven a D-hurd-hurged car while under the influence of alcohol level of about 0.061% in a five-meter section adjacent to the C cafeteria parking lot located in Dansung City B.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Reports on internal accidents (Application of the Madmark);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);

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, despite the fact that the defendant had been punished twice due to drunk driving, and the occurrence of traffic accidents, etc. are disadvantageous to the defendant. On the other hand, the defendant recognized and seriously reflects the crime, and the occurrence of minor physical damage due to traffic accidents, only minor physical damage occurs due to traffic accidents, and the above criminal records are old criminal records, and there are no other criminal records, and the fact that the blood alcohol concentration is not high shall be considered as favorable to the defendant, respectively, and the decision is made as per Disposition by taking into account all other factors favorable to the defendant.

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