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(영문) 수원지방법원 2020.12.10 2020고단3387
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 May 20, 2010, the Defendant was issued a summary order of 2.5 million won for the crime of violating the Road Traffic Act at the Cheongju District Court.

【Criminal Facts】

On May 17, 2020, at around 03:25, the Defendant driven an E K3 vehicle while under the influence of alcohol with about 0.152% alcohol concentration at the 1km section from the D apartment underground parking lot from the G parking lot in Sungsung City B to the D apartment first floor parking lot in the esisisisisisisi.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking-driving, and notification on the control of drinking-driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a 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, even though the defendant had a record of being punished by a fine due to drunk driving, was also driving in this case at the same time, and the blood alcohol concentration level at the time was very high. Considering the risk of the occurrence of the accident and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not easy.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction other than the above previous one, and the fact that the accident does not lead to a multi-accident, other factors such as the defendant's age, attitude, environment, developments and distance, circumstances after the crime, etc., the punishment as ordered shall be determined in light of the various sentencing conditions as shown in the records and arguments.

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