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(영문) 수원지방법원 2020.11.19 2020고단3143
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 December 31, 2013, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court.

【Criminal Facts】

On May 12, 2020, the Defendant, at around 01:40, driven a motor vehicle of Category C with the blood alcohol concentration of about 0.116% in the section of about 18 km from the insular safety zone to the front side of the apartment of Young-gu, Suwon-gu, Suwon-si, Suwon-si, Suwon-si, and operated the motor vehicle of Category C with the blood alcohol concentration of at least two times in violation of the Road Traffic Act.

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: Application of one copy of the criminal records and 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, despite the fact that the defendant had been punished once due to drunk driving, repeated the crime, and that the blood alcohol concentration is high, etc., under the circumstances unfavorable to the defendant, while the defendant recognizes and reflects the crime, the defendant does not have any traffic accident, the criminal record of the above drunk driving is a criminal record of a fine, and the fact that there is no particular criminal record, etc. are considered as favorable to the defendant, respectively, and the decision is delivered as per Disposition by taking into account all other sentencing conditions as shown in the records

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