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(영문) 수원지방법원 2020.11.26 2020고단5905
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 12, 2017, the Defendant received a summary order of KRW 1,50,00,000 from the Suwon District Court as a crime of violating the Road Traffic Act.

Nevertheless, at around 02:48 on July 3, 2020, the Defendant driven a motor vehicle with a 400-meter E in front of Suwon-si Suwon-si D, Suwon-si, in a state of alcohol of 0.139% of blood alcohol concentration of 0.139%.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of the records of punishment for running sound), and application of summary order under Acts and subordinate statutes of the Suwon District Court No. 2017 high ranking and No. 4965;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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 provisional payment order is that a defendant repeats a crime despite the fact that he/she had been punished twice due to drunk driving, and that he/she has a high blood alcohol level, etc., under the circumstances unfavorable to the defendant, on the other hand, the defendant recognizes the crime and is in a serious violation of the truth, and does not have any traffic accident, one of the above-mentioned criminal records was old in 2002, and one of the above-mentioned criminal records was extremely old in 202, and there is no other criminal records than the above-mentioned criminal records, etc., shall be considered in favor of the defendant, taking into account the circumstances favorable

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