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(영문) 수원지방법원 2020.11.24 2020고단6158
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

【Criminal Power】 On January 24, 2018, the Defendant received a summary order of KRW 5 million from the Suwon District Court to a fine for the violation of the Road Traffic Act.

【Criminal Facts】 On August 25, 2020, the Defendant driven a BM6 car under the influence of alcohol level of about 0.097% at a distance of about 100 meters from the front of the main place where it is impossible to find out the name near the color distance of 1555, in the SM6, from the front of the main place where it is impossible to find out the name near the color distance of 1555, Seog-gu, Suwon-si, Suwon-si.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the report on circumstantial statements of a drinking driver and the control results of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (verification of the same criminal records as a suspect), and application of one copy of the summary order;

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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under the influence of alcohol in 2018, the driving of the instant case was done under the influence of alcohol. Considering the risk of driving under the influence of the majority and the purport of the amendment of the amended Act of which the statutory penalty is raised, the nature of the crime is not easy.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.

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