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(영문) 수원지방법원 2020.09.24 2020고단4666
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

[Criminal Power] On November 25, 2016, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the original state branch of the Chuncheon District Court.

【Criminal Facts】

Nevertheless, at around 20:25 on July 5, 2020, the Defendant driven a e-motor vehicle under the influence of alcohol leveling 0.053% of blood alcohol level from approximately 500 meters to the front road of the DNA, which is located in C, from the 500-meter road prior to the C.

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

Summary of Evidence

1. Report on the circumstances of the defendant's oral statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report on confirmation of the same attached records);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the selection of fines for criminal facts (the following favorable circumstances among the reasons for sentencing):

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows; comprehensively taking account of the following circumstances and various circumstances, including the defendant’s age, character and conduct, environment, and circumstances after the crime, the sentence as ordered.

Since the unfavorable normal drinking driving is a very dangerous crime that may cause unexpected behaviors to the life and family of others as well as himself/herself, it is necessary to punish it strictly.

In around 2016, the Defendant had already been punished for drunk driving as stated in its reasoning, and the penal provision for drunk driving has been strengthened since June 25, 2019, and the Defendant was also able to easily understand the above circumstances through the media, etc., but was able to continue to drive the instant drunk driving.

A favorable normal defendant shows his attitude to recognize and reflect his mistake.

At the same time, there was no accident due to the driving of the defendant.

at the time of drinking.

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