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(영문) 수원지방법원 2020.11.26 2020고단5953
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[Criminal Power] On February 16, 2016, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 20, 2020, the Defendant was under the influence of alcohol of 0.070% of blood alcohol concentration at around 23:10 on August 20, 202, and driven DK 3 vehicles at a section of about 100 meters from the front of the wife population B in the permissible city to the front of the building in the same Gu.

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. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of previous records and a copy of summary order), and application of one copy of summary order 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. 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 committed a second offense despite the fact that the defendant had been punished once due to drunk driving, etc. is disadvantageous to the defendant. Meanwhile, the fact that the defendant recognized the crime and is contrary to the truth, the traffic accident does not occur, the criminal record of the above drunk driving is the criminal record of a fine, and there is no particular criminal record, and the fact that the blood alcohol level has not been high, etc. are considered as favorable to the defendant, taking into account the circumstances favorable to the defendant, and taking into account all other sentencing conditions shown in the records of this case.

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