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(영문) 수원지방법원평택지원 2020.12.11 2020고단1285
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

[Criminal Power] On January 6, 2012, the Defendant was notified of a summary order of a fine of KRW 2 million in the Suwon District Court’s Eunpyeong Housing Sitewon as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 16, 2020, at around 20:29, the Defendant driven a C L-Wing car from the front side of L-Wing Bus 27 L-Wing-ro, L-Wing-si, to the front side of L-Wing-si B, with a blood alcohol concentration of at least 0.065% from around 2km to L-Wing-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. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement, investigation report, and report on the circumstances of the driving of a drinking driver;

1. Previous records of judgment: The application of inquiry reports and investigation reporting statutes, including criminal records;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The circumstances that are favorable to the fact that the driver re-drivings a motor vehicle even though he/she had already been punished for a drunk driving: The fact that the crime is recognized and reflected, the blood alcohol concentration level at the time of detection is relatively high, there is no circumstance that the risks caused by the driving are realized, and there is no criminal power other than the previous criminal records.

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