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(영문) 수원지방법원 2020.06.12 2020고단449
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On July 15, 2012, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) from an Ansan District Court’s Ansan Branch on July 15, 2012.

【Criminal Facts】

On December 24, 2019, at around 22:30, the Defendant driven a C-wing vehicle with approximately 2 km from the roads adjacent to the old funeral distance to the front road of the Gu in terms of harmony, while under the influence of alcohol of 0.107% of blood alcohol level.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual condition, report on the circumstantial statement of a drinking driver, and report on the control of drinking driving;

1. On-site map and accident site photograph;

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

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

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

1. The fact that the defendant for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes the crime of this case is favorable to the defendant.

On the other hand, even though the defendant had been punished twice due to drinking driving, including the previous conviction, the fact that the defendant again led to the crime of this case is disadvantageous to the defendant.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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