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(영문) 수원지방법원 2021.01.22 2020고단5788
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On May 21, 2008, the Defendant received a summary order of KRW 700,00,000 as a crime of violating the Road Traffic Act (drinking) in the support for the safe flow of water sources.

On July 28, 2020, the Defendant driven a 3 km E-LG car from the Suwon-gu apartment parking lot for Suwon-si, Suwon-si to the front day of the “D” located in Suwon-si, Suwon-si, in a state of alcohol concentration of 0.18% among blood transfusion around 00:05.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver who is placed in the main place, investigation report (report on the situation of the driver who is placed in the main place), and notification of the result of regulating

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the Defendant again commits the instant crime even though he/she had the record of being punished for driving under drinking, as stated in its reasoning, and that there is no motive or circumstance to take into account the commission of the instant crime is disadvantageous to the Defendant.

On the other hand, the defendant seems to have an attitude to recognize and reflect the crime of this case, and the fact that there is no record of criminal punishment other than before the judgment is favorable to the defendant.

Other circumstances shown in the records, such as the age, sex, motive and background of the crime, results and circumstances of the crime, etc., shall be determined as per the order.

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