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(영문) 수원지방법원 2020.11.19 2020고단4548
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

【Criminal Power】 On January 23, 2017, the Defendant received a summary order of KRW 500,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts of Crimes】 On July 2, 2020, the Defendant driven an E-7 vehicle under the influence of alcohol leveling 0.037% from a section of approximately 200 meters of alcohol level to the roads front of the Diplomatic Conference located in Suwon-si, Suwon-si, Suwon-si, Suwon-si.

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

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 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 very low shall be considered as favorable to the defendant, and the decision is made as per Disposition by taking into account all other sentencing conditions in the records of this case.

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