(영문) 수원지방법원 2020.10.29 2020고단2740

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(영문) 수원지방법원 2020.10.29 2020고단2740

도로교통법위반(음주운전)

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Defendant shall be punished by a fine of KRW 11 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On September 8, 2016, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at an Ansan District Court’s Ansan Branch.

【Criminal Facts】

On March 27, 2020, at around 02:54, the Defendant driven a D Sti-type car under the influence of alcohol content 0.118 percent from a section of approximately five kilometers from the front to the front road of “C” located in the same city B, to the front road of “C” in the same city.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, results of confirmation on the status of disposition, and application of Acts and subordinate statutes concerning 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 of the provisional payment order is that the defendant repeated a second offense despite the fact that the defendant had been punished once due to drunk driving, and that blood alcohol level has not been lowered, etc., under the circumstances unfavorable to the defendant, while the defendant recognizes the crime and is against the truth, the fact that the defendant does not have any traffic accident, the criminal record of the above drunk driving is a fine, and the fact that there is no other criminal record, etc. are considered as favorable to the defendant, taking into account the circumstances favorable to the defendant, and taking into account all other sentencing conditions in the records of this case.

참조조문

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