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(영문) 수원지방법원 2020.07.23 2020고단2123
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On June 19, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On March 5, 2020, at around 00:30, the Defendant driven CK7 car in the state of alcohol alcohol concentration of about 0.109% at the 1km section from the roads adjacent to the Heb Station in the Young-gu, Suwon-si, Suwon-si, to the roads prior to the same Gu B.

Accordingly, the defendant violated the prohibition of drinking driving more 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: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);

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 that the Defendant had a record of punishment of a fine due to a drunk driving, and the Defendant also driven the instant drinking vehicle at the same time. In light of the amount of drinking alcohol or reported contents, the risk of the occurrence of the accident was not high.

In this context, considering the purpose of the amendment of the statutory punishment increased, the quality of the defendant's crime is less than that of the amendment.

subsection (b) of this section.

However, taking into account the fact that the defendant is led to confession and reflect, and that there is no previous conviction other than the above previous one, the defendant's age, attitude, environment, driving background and distance, blood alcohol concentration level, 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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