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(영문) 수원지방법원 2020.06.12 2020고단996
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On April 24, 2019, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Suwon District Court.

【Criminal Facts】

On February 3, 2020, at around 01:05, the Defendant driven C-crin car under the influence of alcohol concentration of 0.161% from the influence area to the influence area B apartment on the roads of Gan-si, Suwon-si, Suwon-si.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, reports on the circumstantial statements of the drinking driver, investigation reports, and records on the measurement of drinking alcohol;

1. On-site photographs;

1. Previous records: Criminal records, etc. inquiry inquiry reports, and application of Acts and subordinate statutes governing a summary order under drinking, which is about 2019 high-pressure3;

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 of the provisional payment order commits the instant crime again within a short period despite the Defendant’s record of punishment for drinking driving as stated in its reasoning. The Defendant’s blood alcohol concentration, speech and behavior condition at the time of the instant crime, and the traffic risk caused by the Defendant was high, and the Defendant’s occurrence of a traffic accident ultimately causes physical damage is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes the crime of this case, and that the damage caused by the traffic accident caused by the defendant seems to be restored through the motor vehicle comprehensive insurance is favorable to the defendant.

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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