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(영문) 수원지방법원 2021.01.14 2020고단6934
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

[Power of crime] On April 8, 2015, the Defendant received a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (driving) from the Suwon Friwon.

[Criminal facts] On July 28, 2020, the Defendant driven B BWWS car from around 6 km to the front road of the 435 water zone building distance from the 100-3rd road of the sperm 100-3 Sungnam-si, Sungnam-si, to the front road of the 435 water zone.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver who is placed in driving, investigation report (report on the situation of a driver who is placed in driving in driving), notification on the results of regulating the driving of drinking, and notification of

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order of criminal suspect's driving force);

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment was that the Defendant had been punished by a fine due to driving of alcohol and traffic accidents resulting therefrom. In addition, the instant drinking was driven at the time of the instant case, the blood alcohol concentration level was considerably high, and the contact accident was caused by the crime.

However, taking into account the fact that the defendant is led to confession and reflect, the fact that there is no criminal record other than the above previous criminal record, the fact that the defendant suffered a relatively minor material damage, and other factors, comprehensively taking into account the defendant's age, attitude, environment, background and distance, circumstances after the crime, etc., the punishment shall be determined as ordered by the text.

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