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(영문) 수원지방법원 2020.06.19 2020고단1560
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

[Criminal Power] On October 5, 201, the Defendant received a summary order of KRW 4 million from the Seoul Central District Court on the grounds of a violation of the Road Traffic Act (driving).

【Criminal Facts】

On March 7, 2020, the Defendant: (a) around 23:55, operated a motor vehicle in the direction of the C factory located in Suwon-si B from around 200 meters to the front of the D building, while under the influence of alcohol 0.092% of alcohol level, and violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of records of drinking alcohol measurement, results of the regulation of drinking driving, circumstantial statements of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);

1. Photographs taken at the control place; and

1. Previous records: Criminal records, etc. inquiry reports and application of three copies of the judgment;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. The fact that the defendant again committed the instant crime despite the fact that he had been punished twice due to drinking driving including the previous conviction in the judgment of the court below for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes the crime of this case is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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