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(영문) 수원지방법원 2020.07.23 2020고단1747
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 14 million won.

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

Reasons

Punishment of the crime

On January 23, 2017, the defendant is a person who has received a summary order of a fine of three million won from the Suwon District Court for a violation of the Road Traffic Act.

At around 23:50 on March 5, 2020, the Defendant driven an E B B Bluri-ri vehicle with a blood alcohol concentration of about 100 meters from around 100 meters to the front road of the 'D' restaurant.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less 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. A written request for appraisal;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of the same criminal records as the suspect), and application of Acts and subordinate statutes concerning 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 of the provisional payment order, despite the fact that the defendant committed a second offense despite the fact that he had been punished once due to drunk driving, the fact that he had a high blood alcohol level, etc. is disadvantageous to the defendant, while the defendant recognizes and reflects the crime, the fact that the defendant is very minor traffic accident, the criminal record of the above drunk driving is the criminal record of a fine, and the fact that there is no special criminal record, etc. are considered as favorable to the defendant, respectively, and the decision is delivered as per Disposition by taking into account all other sentencing conditions

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