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(영문) 수원지방법원 2020.11.13 2020고단4080
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On November 25, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court’s Branch on November 25, 2009.

【Criminal Facts】

On June 6, 2020, at around 03:20, the Defendant driven a DMW520d car while under the influence of alcohol level 0.070%, at approximately three meters prior to the point of Cju in Suwon-si B.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Deficial control photographs;

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

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

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

1. The defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is that he/she again committed the crime of this case despite the fact that he/she had been punished for drinking driving as stated in its reasoning.

On the other hand, the defendant appears to have the attitude of recognizing and opposing the crime of this case, and the fact that the defendant has no record of punishment for not less than 10 years from the punishment of this case to the crime of this case is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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