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(영문) 수원지방법원 2020.09.11 2020고단3144
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 17,000,000.

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

Reasons

Punishment of the crime

On April 24, 2019, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court as a crime of violation of the Road Traffic Act.

Nevertheless, at around 00:56 on March 31, 2020, the Defendant driven a D-hurd-hurged car with a blood alcohol concentration of about 0.194% in the section of approximately 1km from around the building B in Young-gu, Suwon-si to C, to the front road.

As a result, although the defendant had a record of punishment for drunk driving, he again carried out a drunk driving and violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report-real condition investigation report, report on detection of a drinking driver, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstantial situations of a drinking driver), and report on alcohol alcohol appraisal;

1. Accident site and photographs of related vehicles;

1. Records before judgment: Criminal history records, etc. and application of one copy of a summary order;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the defendant had been punished for drunk driving as stated in its reasoning, committed the crime of this case again. The defendant's blood alcohol concentration, speech and behavior condition at the time of the crime of this case, and the traffic accident that resulted in physical damage caused by the defendant, and eventually, the crime of this case was discovered, and there is no motive or circumstance to take into account the crime of this case into account in the crime of this case.

On the other hand, the defendant seems to have an attitude to recognize and reflect the crime of this case, and the fact that there is no other force to criminal punishment except before the judgment is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant.

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