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(영문) 수원지방법원 2020.12.18 2020고단4879
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

On January 16, 2009, the Defendant received a summary order of KRW 700,00 from the Suwon District Court to a fine for a violation of the Road Traffic Act.

Nevertheless, at around 00:20 on July 1, 2020, the Defendant driven C Poter freight at the 7km section from the place where the Namyang-gu Seoul Metropolitan City is not located to the front road of the bus stops in front of the city B to the same city, under the influence of alcohol concentration of 0.156%.

As a result, although the defendant had a record of punishment for drunk driving, he again carried out a drunk driving and violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on the circumstances of a drinking driver, investigation reports, and notification of the results of the control of drinking driving;

1. An accident site photograph;

1. Records before judgment: Criminal history records, etc. and application of one copy of a summary order;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of fines for criminal facts

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the defendant had been punished for drunk driving as stated in its reasoning, committed the crime of this case again. The defendant, at the time of the crime of this case, was highly likely to cause the defendant's blood alcohol concentration, speech and behavior, and traffic danger in light of the pedestrian condition, and eventually, the crime of this case was discovered by causing a traffic accident causing physical damage, and there is no motive or circumstance to consider the occurrence of the crime of this case disadvantageous to the defendant.

On the other hand, it is favorable to the defendant that the defendant recognized the crime of this case, and that the defendant has no record of punishment for not less than 10 years from the previous conviction to the crime of this case.

otherwise, the age of the defendant;

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