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(영문) 수원지방법원 2020.08.20 2020고단2734
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

On June 15, 2011, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Suwon District Court.

Nevertheless, at around 03:30 on April 12, 2020, the Defendant was under the influence of alcohol by 0.078%, and the Defendant driven a motor vehicle of 23 km dystm D strawing in front of “C” in the vicinity of the 130-ro 130-ro basin during Ansan-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver, etc., investigation report, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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 a drunk driving, was also driving in this case at the same time, and the blood alcohol concentration level at the time was not lowered. Considering 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 somewhat weak.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction other than the above previous one, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, distance and distance, drinking volume, and circumstances after the crime.

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