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(영문) 수원지방법원 2020.06.12 2020고단748
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

[Criminal Power] On December 12, 2019, the Defendant was indicted on January 21, 202 with the charge of driving under the influence of alcohol and filed a request for a summary order with the Ansan District Court on January 21, 2020.

【Criminal Facts】

On January 10, 2020, at around 00:38, the Defendant driven a D SP car with a blood alcohol concentration of about 0.083% in the section of about 100 meters from the front of Suwon-si B to the front of the same Gu C, while under influence of alcohol level of about 0.083%.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver and the result of measurement;

1. A previous conviction: A inquiry report on criminal records, etc., an inquiry report on the previous disposition, a report on results of confirmation, and the application of Acts and subordinate statutes in writing;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. The fact that the Defendant committed the instant crime again after the lapse of one month, even though the Defendant was found to have driven under influence as stated in its reasoning for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, is disadvantageous to the Defendant.

On the other hand, the defendant appears to have the attitude of recognizing and opposing the crime of this case, there is room for considering the motive of the defendant causing the crime of this case, and the fact that the defendant has no record of criminal punishment other than the summary order of a fine of KRW 7 million on February 7, 2020 due to the record of the judgment of the defendant, is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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