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(영문) 수원지방법원 2020.08.27 2020고단2472
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

【Criminal Power】 On September 1, 2006, 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 of Crimes】 On April 4, 2020, at around 23:10, the Defendant driven FST7 car in the state of alcohol alcohol concentration of about 0.13% under the influence of alcohol level 0.13% in the section of approximately 3.8km from the roads near Suwon-si, Suwon-si, Suwon-si, to the roads in front of the “Emp Water datum” located in Suwon-si, 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. A written appraisal of blood alcohol;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of suspect A-like records), and copies of summary order Acts and subordinate 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 a crime despite the fact that the Defendant had been punished once due to drunk driving; and (b) the fact that the blood alcohol level was not low; (c) the Defendant acknowledged and reflects the crime; (d) the Defendant did not have any traffic accident; and (e) the previous offense is a fine of 2006, and the previous offense is a criminal record of the above drunk driving; and (e) the fact that there was no particular criminal record, which is favorable to the Defendant, are considered in consideration of the circumstances favorable to the Defendant; and (e)

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