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(영문) 수원지방법원여주지원 2020.11.27 2020고단923
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On November 21, 2008, the Defendant was issued a summary order of KRW 6 million for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court.

【Criminal Facts】

At around 20:25 on April 14, 2020, the Defendant driven a DNA sports vehicle under the influence of alcohol concentration of 0.235% in a section of approximately 1m in the front parking lot C located in Gyeonggi-si B.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, investigation report (report on the status of drinking drivers), and field photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of suspect 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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, even though the defendant was punished for a drunk driving, is again running under the influence of alcohol. As such, the possibility of criticism and social risks are high, the defendant's confession of the crime in this case is against the defendant, the distance of driving under the influence of alcohol is short, the circumstances leading up to the defendant's being driven under the influence of alcohol, the defendant's age, character and behavior, environment, motive for the crime, circumstances after the crime, criminal records and criminal records, etc. shall be determined as ordered by the disposition.

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