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(영문) 수원지방법원성남지원 2020.12.09 2020고단2251
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On September 25, 2006, the Defendant was issued a summary order at the Seoul Central District Court to a fine of KRW 2.5 million for a violation of the Road Traffic Act.

On June 20, 2020, at around 22:41, the Defendant driven a D Uidi vehicle under the influence of alcohol concentration of about 0.088% from the 5m section from the Gidong Building CB car parking lot to the inner hole.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the result of crackdown on drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. On-site photographs and CCTV closure photographs, 112 receipt register, on-site photographs;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the records of criminal records as indicated in the judgment of the court below, which had been subject to punishment twice for drunk driving, but re-driving the instant case, including the records of criminal records as stated in the judgment. The defendant has shown the attitude of reflecting the defendant's wrongness as well as the blood alcohol concentration, driving distance (5M very short), driving distance, driving circumstances, etc., and did not repeat again. The defendant has no criminal records exceeding the fine; the defendant has no criminal records; the defendant has no criminal records; and all the conditions of the sentencing specified in the instant case, including the defendant's age, character and behavior, environment, economic situation, and circumstances after the crime, etc., shall be determined by taking into account the following factors.

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