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(영문) 수원지방법원 2020.11.26 2020고단5067
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 September 27, 2011, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Suwon District Court.

Nevertheless, at around 23:40 on July 15, 2020, the Defendant operated a 3 km d SM5 car in front of the restaurant located in Suwon-si, Suwon-si, Suwon-si, in the vicinity of Suwon-si, Suwon-si, in a state of alcohol alcohol concentration of 0.079%.

Accordingly, the defendant violated the prohibition clause 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 indicated in judgment: Criminal records, investigation reports (Attachment to a summary order of the same kind of power), and summary order (limited to a summary order of the same kind of power), issued by the Suwon District Court No. 20104,

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 fact that 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 punished twice due to drunk driving, re-offending the defendant, etc. is disadvantageous to the defendant. Meanwhile, the fact that the defendant recognized the crime and is against the truth-finding, the traffic accident does not occur, the above criminal records are very past criminal records, and there are no particular criminal records, and the fact that the blood alcohol level has not been high shall be considered as favorable to the defendant, and all other sentencing conditions in the records of this case shall be considered as favorable to the defendant.

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