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(영문) 수원지방법원 2020.04.24 2020고단278
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 7, 2016, the Defendant was issued a summary order of a fine of KRW 3 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

On January 10, 2020, at around 00:40, the Defendant driven a DNA lurburged car with about 100 meters alcohol concentration of about 0.103% in a 100-meter range from the front of the apartment house B to the road in front of the apartment house C, and conducted a violation of the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statements, investigation report (report on the status of a drinking driver), and notification of the results of the regulation of drinking driving;

1. Records of judgment: Criminal history records, inquiry reports, and application of court rulings or statutes;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to the drinking alcohol in this case.

However, considering the fact that the defendant is recognized as committing the crime of this case and there is no other criminal records other than the above one time prior to the above one fine, and other various circumstances that form the conditions for sentencing as shown in the record, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc., the punishment as ordered shall be determined.

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