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(영문) 수원지방법원 2020.12.10 2020고단5959
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 January 11, 2010, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act at the Suwon District Court.

【Criminal Facts】

On July 31, 2020, the Defendant was under the influence of alcohol of 0.119% on blood alcohol level on July 31, 2020, and the Defendant driven BG90 on the 59km section at approximately 59 kilometers from the Gyeong-gu public highway located in the Seongbuk-gu Seoul Metropolitan Government, Chungcheongnam-do, the GG9.9km located in the Gung-dong.

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

Summary of Evidence

1. Defendant's legal statement;

1. Request for appraisal of a report on the statement of the status of a drinking driver;

1. Previous convictions indicated in the judgment: Criminal history records, repeated statements (A), investigation reports (Attachment to the previous records and copies of the summary order); Application of one copy of the summary order 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.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.

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