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(영문) 수원지방법원 2020.06.11 2020고단1160
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

On June 29, 2018, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on June 29, 2018, and the summary order became final and conclusive on August 17, 2018.

On February 3, 2020, at around 16:30, the Defendant driven CK3 car at a about 10km section from the Defendant’s residence located in Ansan-si, a member-gu, an Ansan-si, to the front day of the lutol in the lutotol in the luto-si, Annsan-si, a state of alcohol content of 0.154%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation reports, and notification of the results of drinking driving control;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under influence of alcohol, the driving of the instant case was done under the influence of alcohol, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the quality of the relevant crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.

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