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(영문) 수원지방법원 2021.01.22 2020고단5813
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

On January 16, 2009, the Defendant received a summary order of 2.5 million won of a fine due to a violation of the Road Traffic Act (driving) from the Suwon Friwon.

Criminal facts

On August 17, 2020, the Defendant, around 23:37, 2020, driven a motor vehicle Efladem, while under the influence of alcohol concentration of about 0.162% in blood in the section of approximately 2km from the D middle school located in C to the front road of the D middle school located in C.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant again committed the instant crime even though he had the record of being punished twice due to drinking, including the previous conviction in the judgment, and that there is no motive or circumstance to consider the commission of the instant crime, the Defendant is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case, and that there was no record of punishment for not less than 10 years after being punished for drinking driving as stated in its reasoning is favorable to the defendant.

Other circumstances shown in the records, such as the age, sex, motive and background of the crime, results and circumstances of the crime, etc., shall be determined as per the order.

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