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(영문) 수원지방법원 2021.01.18 2020고단7427
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

[Power of crime] On May 22, 2013, the Defendant was issued a summary order of KRW 1 million on the ground of a violation of road traffic law (driving driving) at the Suwon Friwon method.

[2] On October 14, 2020, the Defendant driven D food 508 cars while under the influence of alcohol leveling 0.281% from around 200 meters to the front of C in approximately 200 meters from the roads near C in Sungsi City, 2020.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than 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 the results of inquiry, such as criminal history, and the text of 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, when the Defendant was punished by a fine on one occasion due to drinking alcohol driving, the Defendant also driven the instant drinking while driving the instant drinking. The high alcohol concentration in blood at the time of the instant case led to the risk of the occurrence of an accident. In light of the purport of the amendment of the amended law, which increased the statutory penalty, the nature of the relevant crime is not easy when considering the purport of the amendment.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction exceeding the fine until the fine is yet exceeded, and the fact that the accident does not lead to the accident, the various sentencing conditions shown in the records and arguments, such as the age, attitude, environment, driving circumstances and distance of the defendant, and the circumstances after the crime, shall be determined as ordered.

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