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(영문) 수원지방법원 2020.11.12 2020고단4079
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13 million.

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

Reasons

Punishment of the crime

On April 23, 2020, the defendant is a person against whom a summary order of a fine of four million won is requested to the Incheon District Court for a violation of the Road Traffic Act.

On April 20, 2020, the Defendant, at around 15:02, driven a D-to-pur motor vehicle with approximately 1km alcohol concentration of about 0.197% while under the influence of alcohol, from the roads near the Gyeonggi-si, Gyeonggi-si to the roads adjacent to the same city C.

Accordingly, the defendant violated the prohibition 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 (former and confirmative reports), and application of the Acts and subordinate statutes written indictment;

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 as follows: (a) the defendant committed a second offense immediately even though he had the record of punishment once in 2020 due to drunk driving; (b) the blood alcohol level is high; and (c) traffic accidents occur; (d) the defendant recognized and seriously reflects the crime; and (e) the damage was recovered due to minor physical damage due to traffic accidents; (c) the criminal record is the previous offense of a fine; and (d) the criminal record is the previous offense of a fine; and (e) there is no other criminal record; and (e) the defendant’s family members and his branch want to take the Defendant’s preference into account the circumstances favorable to the defendant; and (e) the decision is made as per Disposition by taking into account all other

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