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(영문) 수원지방법원 2020.11.26 2020고단5433
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 28, 2018, the defendant is a person who has received a summary order of a fine of five million won or more from the Suwon District Court for a violation of the Road Traffic Act.

Around 01:30 on June 20, 2020, the Defendant driven DK5 car in the state of alcohol alcohol concentration of about 0.148% from the 27km section of approximately KRW 27km to the front road of Suwon-si, Suwon-si.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Criminal records, investigation reports (former and previous confirmation), and application of Acts and subordinate statutes concerning summary order;

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 repeats the crime even though he had been punished once due to drinking driving in 2018, the blood alcohol concentration level is high, driving distance is long, and the attitude was poor immediately after enforcement, etc., under the circumstances unfavorable to the defendant. Meanwhile, the defendant is recognized and against the defendant, and the defendant does not have any traffic accident, and the above drinking driving is the previous conviction of a fine, and there is no other criminal record, etc., shall be considered as favorable to the defendant, taking into account the circumstances favorable to the defendant, and taking into account all other factors of the sentencing specified in the records of this case.

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