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(영문) 수원지방법원 2020.11.26 2020고단5605
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On April 14, 2016, the Defendant was issued a summary order of KRW 5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 8, 2020, at around 02:05, the Defendant driven a C Sti-type car under the influence of alcohol concentration of about 0.113% in the section of about 5 km from the influence area (hereinafter referred to as the “Influence”) to the front side of the Dong-gu B.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes of one 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant committed a second offense despite the fact that the Defendant had been punished once due to drunk driving; and (b) the fact that the blood alcohol concentration was not low; (c) the Defendant recognized and reflected the Defendant’s crime; (d) the Defendant did not have any traffic accident; and (e) the fact that the Defendant was punished due to a traffic accident; and (e) the fact that the Defendant was punished due to a traffic accident; and (e) the fact that there was no special criminal record, etc. are considered as favorable to the Defendant; and (e) the judgment

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