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(영문) 수원지방법원 2021.02.04 2020고단6567
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 history] On February 20, 2019, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking) from the Suwon Friwon.

[Criminal facts] On September 22, 2020, the Defendant driven D-Wz motor vehicles at approximately 2 km in the front side of Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-ro 51 Doz. from the upper side of Suwon-si, Suwon-si, Suwon-ro 51 Doz, while under the influence of alcohol level of 0.18% during blood transfusion at around 08:58.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (informating a copy of a summary order);

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the defendant repeated a crime with the history of punishment for drinking in 2019 due to driving of alcohol, and that the degree of alcohol concentration during blood do not lower than the level is unfavorable to the defendant. Meanwhile, the fact that the defendant recognizes the crime and is against the truth, that the defendant does not have any traffic accident, that the above drinking driver's previous conviction is a criminal record of a fine, and that there is no criminal record, etc. are considered as favorable to the defendant, and that there is no other criminal record in light of the circumstances favorable to the defendant and all other sentencing conditions stated in the records of the case.

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