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(영문) 수원지방법원 2020.11.05 2020고단3073
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On September 11, 2013, the Defendant was issued a summary order of KRW 2 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 18, 2020, at around 01:36, the Defendant driven a D 3-car while under the influence of alcohol with approximately 1.5 km alcohol concentration of about 0.322% in the section from the Do in front of the Do in Sungsung City to the road in front of the same city in front of the city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was sentenced to a fine due to drinking alcohol, and was also driving under the influence of alcohol.

At the time of the case, the blood alcohol concentration of the defendant was higher than 0.3% and the risk of the occurrence of the accident was very serious. Considering the purpose of the amendment of the amended law, which is raised by the statutory penalty, the nature of the crime is not easy.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction in excess of the fine yet, and the fact that the accident does not lead to the accident, other factors such as the defendant's age, attitude, environment, driving circumstances, distance, circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account various sentencing conditions shown in the records and arguments.

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