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(영문) 수원지방법원 2020.11.06 2020고단5748
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

On January 14, 2015, the defendant was issued a summary order of a fine of three million won by the Suwon District Court for a violation of the Road Traffic Act (refluence of measurement).

At around 13:50 on August 17, 2020, the Defendant driven a motor vehicle E-line under the influence of alcohol content of about 0.182% from the 5km section to the front road of Suwon-si, Suwon-si, Suwon-si, the Defendant driven a motor vehicle under the influence of alcohol content of about 0.182%.

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. Report on the occurrence of the case, and report on the internal investigation;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Records of judgment: Application of criminal records, inquiry reports, and summary order-related Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that 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 order of provisional payment is that the defendant, who has the record of refusing to measure alcohol, re-driving a motor vehicle, and the nature of the crime is not less than that of the crime, but the blood alcohol concentration due to drinking in this case is higher.

However, the defendant recognized the crime of this case and divided his mistake, completed special traffic safety education conducted by the Road Traffic Authority after the crime of this case, and completed the special traffic safety education by the defendant, taking into account various circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, and the circumstances after the crime of this case, etc., the punishment as ordered shall be determined.

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