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(영문) 수원지방법원 2020.09.24 2020고단3180
도로교통법위반(음주운전)
Text

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 April 6, 2007, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】 On May 13, 2020, at around 22:10, the Defendant driven a e-mail vehicle under the influence of alcohol with approximately 300 meters alcohol concentration of about 0.096% from the section of approximately 300 meters to the road in front of the water datum of Suwon-si, Suwon-si.

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. Notification of the control of drinking driving;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of the same criminal records as the suspect), and application of summary order statutes;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant re-offending despite the fact that the Defendant had been punished once due to drunk driving; (b) the blood alcohol concentration was not low; and (c) the fact that there are very many previous criminal records, etc. are disadvantageous to the Defendant; (d) while, on the other hand, the Defendant recognizes and reflects the offense; (e) the Defendant does not have any traffic accident; and (e) the fact that the aforementioned previous criminal records are criminal records of 207, which are favorable to the Defendant, shall be considered in consideration of the circumstances favorable to the Defendant;

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