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(영문) 수원지방법원 2020.10.16 2020고단4621
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On May 22, 2019, 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】

On June 27, 2020, at around 08:33, the Defendant driven Cmast car while under the influence of alcohol with about 0.142% alcohol concentration from the distance of about 5km from the front of a restaurant on the trade name in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, to the front of the Seocho-gu Seoul Seocho-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the regulation of drinking driving, keeping records of the measurement of drinking alcohol and keeping records;

1. An accident site photograph;

1. Previous records: Application of one copy of inquiry report and summary order, such as criminal records, etc.;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the Defendant had been punished for drunk driving as stated in its reasoning, committed again the instant crime after one year’s age. The Defendant’s blood alcohol concentration or speechal condition at the time of the instant crime, and the traffic risk caused by the Defendant in light of the walking condition, and the fact that there was no motive or circumstance to take into account the instant crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes the crime of this case and that there is no other record of criminal punishment except before the judgment is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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