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(영문) 수원지방법원 2020.06.18 2020고단795
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] The defendant was issued a summary order of a fine of 2.5 million won on September 8, 2008 at the Busan District Court's Busan District Court's Busan District Court's Busan District Court's Busan District Court's Branch of the Road Traffic Act.

【Criminal Facts】

At around 18:20 on January 18, 2020, the Defendant driven D's free-to-land from about 1 km to the road front of convenience stores in the same city from the Gyeong-to-land in the form of 0.192% under the influence of alcohol with blood alcohol concentration of 0.192%.

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 (same-class records), 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant had been punished for drunk driving, and the blood alcohol concentration at the time of driving is relatively high, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the amended Act of which statutory penalty is raised, the nature of the crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.

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