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(영문) 수원지방법원 2020.11.19 2020고단4730
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 February 8, 2017, the defendant was issued a summary order of two million won by the Suwon District Court for a crime of violation of the Road Traffic Act.

Nevertheless, at around 04:40 on June 29, 2020, the Defendant driven B B benz car with approximately 800 meters alcohol concentration 0.142% under the influence of alcohol on the part of about 800 meters from the windline in the same Gu to the water zone building distance in the same Gu.

As a result, the defendant, even though he had been punished for a drunk driving, has re-driving and violated it 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: Application of one copy of the criminal records and summary order;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, despite the fact that the defendant had been subject to punishment once due to drunk driving, and the fact that the blood alcohol level is high, etc., are disadvantageous to the defendant, while the defendant recognizes the crime and is against the truth, the fact that the defendant does not have any traffic accident, the criminal record of the above drunk driving is a previous criminal record, and the fact that there is no special criminal record, etc. are considered as favorable to the defendant, and the decision is delivered as per the disposition, taking into account the circumstances favorable to the defendant, and taking into account all other sentencing conditions

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