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(영문) 수원지방법원 2020.04.17 2020고단68
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 1, 2006, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and on December 26, 2008, a summary order of KRW 2,00,000 as a fine from the Suwon District Court for the same crime, respectively.

On December 20, 2019, the Defendant driven a DNA-si car in a way that the blood alcohol concentration of 0.084% is 0.084% under the influence of alcohol at the front parking lot of the Suwon-si 22:33 on December 20, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation:

1. A detailed statement of 112 reports;

1. Report on the circumstantial statements of a drinking driver, the place of measurement of drinking, and notification of the results of regulation of drinking driving;

1. Records of judgment: Application of criminal records, inquiry reports, and copies of 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not that of the latter.

However, it appears that the defendant recognized the crime of this case and divided his mistake, the defendant seems to have driven a relatively short distance within the parking lot, and there seems to be some circumstances to take into account the circumstances. The drinking driving force of the defendant is 11 years or more from the date of the crime of this case, and the defendant has no other criminal records except four times of fine, and the defendant has no other criminal records, and the punishment as ordered shall be determined by taking account of various circumstances such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence, the circumstances after the crime of this case, etc.

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