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(영문) 수원지방법원 2020.11.24 2020고단6776
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] On October 26, 2006, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Northern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 05:00 on September 20, 2020, the Defendant driven a rocketing car under the influence of alcohol leveling of about 100 meters from the front of convenience store C located in Young-gu, Young-gu, Young-gu to the second floor parking lot of D apartment under the same Gu to the second floor parking lot of D apartment.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the report on circumstantial statements of a drinking driver and the control results of drinking driving;

1. Previous convictions indicated in the judgment: Application of criminal records, references to criminal records, investigation reports (a) 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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under influence of alcohol, the driving of the instant case was done under the influence of alcohol, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the quality of the relevant crime is not weak.

Provided, That the punishment shall be determined as ordered by taking into account the following factors: the defendant's confession and reflect, his/her age, attitude, environment, driving circumstances, distance, circumstances after the crime, etc., and various sentencing conditions shown in the pleading.

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