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(영문) 수원지방법원 2020.05.08 2020고단119
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

On September 11, 2009, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court due to a violation of the Road Traffic Act.

On December 7, 2019, the Defendant, while under the influence of alcohol of 0.092% of blood alcohol level around 07:20 on December 7, 2019, driven a 40km Don Don Don-si (SM5) from around Pyeongtaek-si to the 45th national highway C-si (SM5) national highways.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, traffic accident reports, records on the use of a drinking measuring instrument, circumstantial statements of drinking drivers, investigation reports (report on the circumstances of drinking drivers);

1. On-site photographs of the accident site, and photographs of the driver's self-employed;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes attaching the same 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 of the order of provisional payment is that the defendant recognizes the crime of this case, and that the defendant has no record of criminal punishment other than the previous conviction in the judgment is favorable to the defendant.

On the other hand, even though the defendant had already been subject to criminal punishment for drunk driving, the crime of this case is committed in view of the defendant's blood alcohol level or the state of detection of drunk driving, and thus, the degree of traffic risk caused by the defendant is high, and the defendant actually causes a traffic accident during 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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