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(영문) 수원지방법원 2020.08.20 2020고단2729
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

On October 27, 2006, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act. On October 15, 2007, the Defendant received a summary order of KRW 2 million for the same crime in the same court.

On March 26, 2020, at around 01:25, the Defendant driven BM5 vehicle under the influence of alcohol level of about 0.174% in a section of about 50 meters from the first floor to the front day of the settlement of charges installed on the first floor of the same parking lot from the 1st floor of the Suwon Station Parking Center, which is located in 134, 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. On-going statements, investigation reports, and notification of the results of the control of drinking driving;

1. Previous convictions in judgment: Application of two copies of criminal records and summary order under two 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, even though he was sentenced to a fine due to drinking driving, was driving under the instant case at the same time, and the blood alcohol concentration level at the time was also high. Considering the risk of the occurrence of the accident and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not somewhat weak.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction that exceeds the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, circumstances, driving background and distance, drinking volume, circumstances after the crime, etc., and various sentencing conditions specified in the records and arguments.

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