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(영문) 수원지방법원 2020.09.24 2020고단4427
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On August 24, 2007, the Defendant received a summary order of KRW 1 million for a fine for a violation of the Road Traffic Act at the Suwon District Court on August 24, 2007.

【Criminal Facts】

On June 27, 2020, at around 00:28, the Defendant driven a Csch-on sport car with a blood alcohol concentration of about 0.065% under the influence of alcohol level from around 2km to the front road of Suwon-si, Suwon-si, Suwon-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the report on the statement of the state of drinking drivers, and the control results of drinking driving;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report accompanied by a copy of a summary order);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under influence of alcohol, the driving of the instant case was done under the influence of alcohol, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the quality of the relevant crime is not weak.

Provided, That the punishment shall be determined as ordered by taking into account the following factors: the defendant's confession and reflect, his/her age, attitude, environment, driving circumstances, distance, circumstances after the crime, etc., and various sentencing conditions shown in the pleading.

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