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(영문) 수원지방법원 2020.11.26 2020고단5272
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 16, 2012, the Defendant was under the influence of a summary order of KRW 1,00,000 as a crime of violation of the Road Traffic Act at the Cheongju District Court on November 16, 2012. However, on July 18, 2020, the Defendant driven a clater car under the influence of alcohol of KRW 0.072% with a blood alcohol concentration of around approximately 200 meters from the 200-meter radius to the roads near Suwon-si, Suwon-si.

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 (verification of the same criminal records as the suspect), and application of summary order statutes;

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 fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order committed a second offense despite the fact that the defendant had been punished once due to drunk driving, etc. is disadvantageous to the defendant. Meanwhile, the fact that the defendant recognizes and reflects the crime, the traffic accident does not occur, the fact that the criminal record of the above drunk driving is the criminal record of a fine, and the fact that the blood alcohol level is not high, etc. are considered as favorable to the defendant. It is decided as per Disposition by taking into account all other sentencing conditions in the records of this case.

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