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(영문) 수원지방법원 2020.08.21 2020고단3386
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

On November 23, 2007, the Defendant was issued a summary order of KRW 2.5 million by the Suwon District Court due to a violation of the Road Traffic Act.

On May 19, 2020, at around 00:09, the Defendant driven a DNA cargo vehicle from the parking lot to the front road of 0.156% of the blood alcohol concentration of 0.156%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the control of driving under the influence of alcohol, report on the situation of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Records of judgment: Application of criminal records, inquiry reports, and summary order Acts and subordinate statutes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the defendant, who has a record of driving a drunk, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but the result of the blood alcohol concentration due to drinking in this case is higher.

However, the defendant recognized the crime of this case and divided his mistake, the defendant's drinking driving record has passed more than 12 years since the date of the crime of this case, and the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, means and result, etc., and other circumstances which form the conditions of sentencing as shown in the records, such as the circumstances after the crime, shall be determined as the sentence as ordered.

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