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(영문) 수원지방법원 2020.11.26 2020고단2103
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[criminal power] On September 7, 2016, the Defendant received a summary order of KRW 5 million from the Suwon District Court to a fine of KRW 5 million for a violation of the Road Traffic Act, etc., and has the same criminal records once.

【Criminal Facts】

On March 27, 2020, at around 22:24, the Defendant driven a D-hurd-hurged vehicle while under the influence of alcohol 0.131%, in a section of about 100 meters up to the roads adjacent to the Gyeonggi-si B apartment, and in a section of about 100 meters up 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: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of sound driving records);

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, despite the fact that the defendant committed a second offense despite the fact that he had been punished once due to drunk driving, and that he had a high blood alcohol level, etc., are disadvantageous to the defendant, on the other hand, the defendant recognizes and reflects the crime, the defendant does not have any traffic accident, the criminal record of the above drunk driving is a criminal record of a fine, and the fact that there is no special criminal record, etc. are considered as favorable to the defendant, respectively, and the decision is delivered as per Disposition by taking into account all

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