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(영문) 수원지방법원 2020.06.11 2020고단1262
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On June 10, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and on September 2, 2008, issued a summary order of KRW 2 million as the same crime in the same court.

On January 25, 2020, at around 22:57, the Defendant driven an Erash vehicle while under the influence of alcohol concentration of about 0.046% from the front of the Crin distance in Daegu-si, Dong-gu, Daegu-si, to the front of D, Daegu-si, about 50 meters.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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 is that the Defendant had been sentenced to a fine due to drunk driving two times, and even if so, the Defendant used the pertinent drinking driving. In light of the risk of the occurrence of the accident and the purport of the amendment of the amended Act, the nature of the crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, and that it has been relatively old compared to the above previous one, the defendant's age, attitude, environment, driving background and distance, blood alcohol concentration level, circumstances after the crime, etc., various sentencing conditions shown in the records and arguments shall be determined as ordered.

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