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(영문) 수원지방법원 2020.10.15 2020고단4547
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 October 19, 2012, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Suwon District Court.

【Criminal Facts】

At around 20:50 on June 21, 2020, the Defendant driven a BM7 car under the influence of alcohol concentration of about 0.129% at the 1km section in front of the 1km-gu, Suwon-gu, Suwon-si, Suwon-si, Suwon-si, the Suwon-si, the Suwon-si, the Suwon-si, the Suwon-si, the Suwon-si, the Suwon-si, the Suwon-gu, the Suwon-si

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: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;

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, even though the defendant had a record of being punished by a fine due to drunk driving, was also driving under the instant case, and the blood alcohol concentration level at the time was also reasonable. In light of the risk of the occurrence of the accident and the purport of the amendment of the Act increased by statutory penalty, the nature of the crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, that there is no previous conviction other than the above previous one, and that the accident does not lead to a multi-accident, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, circumstances of driving, distance, drinking volume, circumstances after the crime, etc., and various sentencing conditions specified in the records and arguments.

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