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(영문) 수원지방법원 2021.01.29 2020고단7614
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 16,000,000 won.

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

Reasons

Punishment of the crime

[Power of crime] On October 4, 2010, the Defendant received a summary order of KRW 2.5 million due to a violation of road traffic law (dacting driving) in the support of the Suwon Friwon Frigwon, etc.

[Criminal facts] On October 8, 2020, at around 03:54, the Defendant driven a motor vehicle Eing MZ in the state of alcohol concentration of about 0.235% in the section of approximately 200 meters from the front of the parking lot C located in Osan City B to the front of the building D in the same city.

Accordingly, the Defendant violated the provision prohibiting driving of drinking or refusing to measure drinking under the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the Defendant committed the instant crime even though he/she had had a record of punishment several times due to drinking, including the previous conviction in the judgment, and that there is no motive or circumstance to consider the commission of the instant crime, the Defendant is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes the crime of this case, there is no record of criminal punishment exceeding the fine, and that there is no record of punishment for the same crime as the same crime over 10 years after being punished by drinking driving as stated in its reasoning is favorable to the defendant

Other circumstances shown in the records, such as the age, sex, motive and background of the crime, results and circumstances of the crime, etc., shall be determined as per the order.

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