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(영문) 수원지방법원 2020.11.19 2020고단4705
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

【Criminal Power】 On January 30, 2009, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court, and a summary order of KRW 1.5 million as a fine at the Seoul East District Court on December 18, 2009, respectively.

【Criminal Facts of Crimes】 On June 27, 2020, the Defendant driven a DNA-learning car under the influence of alcohol by 0.045% from the 1km section from the front of the Suwon-si B market in Suwon-si to the 3rd floor parking lot in Suwon-si, Suwon-si, Suwon-si.

Accordingly, the defendant violated the prohibition of drinking driving 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 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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, despite the fact that the defendant had been punished twice due to drunk driving, re-offending the defendant, etc. is disadvantageous to the defendant. Meanwhile, the fact that the defendant recognized the crime and is against the truth-finding, the traffic accident did not occur, the criminal record of the above drunk driving is the criminal record of a fine for 2009, the fact that there is no other special criminal record, and the fact that the blood alcohol level was low shall be considered as favorable to the defendant, and all other sentencing conditions shown in the records of this case shall be considered in light of the circumstances favorable to the defendant.

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