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(영문) 수원지방법원 2021.01.18 2020고단7422
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

[Criminal Records] On November 28, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic laws at the Seosan Branch of the Daejeon District Court on November 28, 2014.

[2] On September 24, 2020, the Defendant driven a D-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed A-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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 under Article 334(1) of the Criminal Procedure Act is that the Defendant was sentenced to a punishment due to drinking, etc. in 2014, and driving of the instant drinking without being aware of it. Considering the risk of occurrence of an accident caused by driving of drinking and the purport of the amendment of the Act to which statutory penalty is raised, the nature of the offense is not somewhat complicated.

However, considering the fact that the defendant confessions and reflects, and that the accident does not lead to the accident, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, distance, and circumstances after the crime, etc., and the various sentencing conditions as shown in the arguments shall be determined as ordered.

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