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(영문) 수원지방법원평택지원 2020.12.04 2020고단1119
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On June 13, 2012, the Defendant was issued a summary order of KRW 4 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 18, 2020, at around 22:15, the Defendant driven a F typ car owned by the suspect under the state of 0.086% alcohol concentration at approximately 120 meters from the front road of Pyeongtaek-si B to the front road of E in D.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous records of judgment: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (Attachment to suspect driving records);

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. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and the circumstances after the crime.

The circumstances that have already been punished for driving under the influence of alcohol but are re-driving, the risks of driving under the influence of alcohol are realized, and the traffic accidents that are caused by the two vehicles parked on the alley path due to the failure to drive under the influence of driving: The recognition of and reflects the crime, and the recidivism after a considerable period of time has elapsed from the time of the previous previous conviction.

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