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(영문) 수원지방법원 2020.11.05 2020고단3588
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On September 11, 2013, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act (driving in Drinking) in the Gyeyang Branch of Suwon District Court.

【Criminal Facts】

On May 16, 2020, at around 03:06, the Defendant driven a Clater’s car under the influence of alcohol by 0.130% in a section of about 15km from the front of the Sinsung City to the front of the Sincheon-ro, Samcheon-ro, 1373-43, the Clater’s car.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of Acts and subordinate statutes of one copy of a 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, even though the Defendant had a record of being punished by a fine due to a drunk driving, he/she also driven the instant drinking driving. In light of the amount of drinking alcohol or reported contents, the risk of the occurrence of the accident was not high.

In this context, considering the purpose of the amendment of the statutory penalty, the quality of the defendant's crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the defendant's age, attitude, environment, background and distance of driving, blood alcohol concentration level, circumstances after the crime, etc., various sentencing conditions shown in the records and arguments shall be determined as ordered.

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