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(영문) 수원지방법원 2021.03.26 2020고단7706
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Power of crime] On October 13, 2006, the Defendant was issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act (drinking) at the Suwon Flag Flag.

[Criminal facts] On October 23, 2020, the Defendant driven a F Kazon car with approximately 600 meters alcohol level 0.167% alcohol level 0.167% under the influence of alcohol level from the front of the C shooting distance, located in Suwon-si, Suwon-si, D, Gyeonggi-si, to the front of the E cafeteria located in the E-si, Gyeonggi-si, Suwon-si, the Defendant driven a F Kazon car under the influence of alcohol level 0.167%.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. A previous conviction on the defendant's legal statement, the report of the situation of the driver who takes the driving of the driver, the record of measurement of drinking, and the previous conviction on the result of crackdown on driving of drinking: Application of inquiry, including

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is a serious crime that may harm not only his/her own but also an unspecified number of life and body. The Defendant, even though he/she had been punished by drinking, once he/she once he/she drives drinking again, and the degree of alcohol concentration in blood is high, the nature of the crime is not weak in light of the fact that the Defendant was punished by drinking.

However, in consideration of various circumstances, such as the defendant's recognition of the crime of this case and his mistake, the fact that there is no record of punishment that the defendant has been punished exceeding the fine, and the defendant's age, sex, environment, motive and circumstance of the crime, means and consequence, and the circumstances after the crime, etc., the punishment as ordered shall be determined.

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