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(영문) 수원지방법원 2020.08.27 2020고단3732
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 July 4, 2018, the Defendant was sentenced to a fine of four million won by the Suwon District Court for a violation of the Road Traffic Act.

On May 21, 2020, at around 01:36, the Defendant driven a D Eccoo vehicle at the section of about 32 km from 10 km to 32 km from Ecoo-gu, Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the report on the statement of the state of drinking driver, notification of the results of drinking control, and record of drinking measurement;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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 the influence of alcohol in 2018, the driving of the instant case was done under the influence of alcohol. Considering the risk of driving under the influence of the majority and the purport of the amendment of the amended Act of which the statutory penalty is raised, the nature of the crime is not easy.

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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