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(영문) 수원지방법원 2020.11.20 2020고단4988
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

On December 18, 2009, the Defendant received a summary order of KRW 2.5 million from the Suwon District Court due to a violation of the Road Traffic Act.

Nevertheless, at around 00:35 on June 30, 2020, the Defendant driven a motor vehicle with DNA alcohol level of about 650 meters from the front road of Suwon-si, Suwon-si to the front road of the same Gu, to the same Gu C, while under the influence of alcohol level of about 0.128%.

As a result, although the defendant had a record of punishment for drunk driving, he again carried out a drunk driving and violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of a drinking driver), report on the circumstances of a drinking driver, and records on the measurement of drinking;

1. An accident site photograph;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant was punished for drunk driving as stated in its reasoning, and that the defendant again committed the instant crime without being weighted even though he was under the suspension of execution due to the instant crime, and that there is no motive or circumstance to consider it to lead to the instant crime, is disadvantageous to the defendant.

On the other hand, it is favorable to the defendant that the defendant recognized the crime of this case, and that the defendant was punished for the previous offense of this case and was not punished for the crime of this case for ten years until the crime of this case is committed.

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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