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(영문) 수원지방법원 2021.01.15 2020고단6814
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On November 17, 2015, the Defendant received a summary order of KRW 1,50,00,000 as a crime of violating the Road Traffic Act (drinking driving) in support of the Sungnam-gu Friwon method.

On September 19, 2020, the Defendant driven the EM3 car at approximately 5km from the roads near Suwon-si, Suwon-si, Suwon-si, Suwon-si, the alcohol concentration of which was 0.097% at around 0.097%.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, and a copy of the summary order No. 2726, Dec. 2, 2015;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the Defendant again commits the instant crime even though he/she had the record of being punished for driving under drinking, as stated in its reasoning, and that there is no motive or circumstance to take into account the commission of the instant crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant seems to have the attitude to recognize and reflect the crime of this case is favorable to the defendant.

Other circumstances shown in the records, such as the age, sex, motive and background of the crime, results and circumstances of the crime, etc., shall be determined as per the order.

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