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(영문) 수원지방법원성남지원 2020.11.05 2020고단2636
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

On September 12, 2008, the Defendant received a summary order of 700,000 won of a fine for a violation of the Road Traffic Act from the Suwon District Court.

At around 00:40 on July 15, 2020, the Defendant driven Csch Rexroth ES300h car with a blood alcohol concentration of about 0.101% from the section of about 9km to the front road of Sungnam-si, Suwon-si, the non-permanent interpretation location of Young-gu, Suwon-si, the Defendant driven Csch Rexroth ES30h car with a blood alcohol concentration of about 0.10%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, report on the control of drinking alcohol, and field photograph;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);

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 was that the Defendant had been punished for drunk driving, but again committed the instant crime of drinking driving.

Along with the concentration of blood alcohol, odometer, and the risk of drunk driving, the defendant shows an attitude to reflect on his/her behavior, and the force of drunk driving is relatively old, and there are no criminal records subject to punishment.

In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and means of crime, etc. of the accused, shall be determined as ordered.

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