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(영문) 수원지방법원평택지원 2020.09.11 2020고단555
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On December 30, 2014, the Defendant was sentenced to a fine of KRW 1.5 million by the Ulsan District Court for a violation of the Road Traffic Act.

Nevertheless, at around 23:20 on March 7, 2020, the Defendant driven the Dsch Rexton car while under the influence of alcohol concentration of about 0.080% from around 23:20 to the front road of the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driving of a driver, the circumstantial statement of the driver, and the investigation report (the circumstantial report of the driver);

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

1. Previous records: Application of criminal records and other inquiries and other Acts and subordinate statutes;

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 of the crime, means and consequence of the crime, etc.:

Unfavorable circumstances: A fine has already been imposed on one occasion due to a drunk driving, and the driving has been repeated despite the history of the suspension of indictment due to a drunk driving, and the driving distance is not short: The fact that it is recognized as a crime and reflects it, and the fact that it does not seem that the circumstances make the risks due to driving realistic.

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