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(영문) 수원지방법원 2021.02.04 2020고단8518
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

[Power of crime] On February 13, 2009, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Suwon Flag Flag.

[2] On November 02, 2020, the Defendant driven a B G70 car while under the influence of alcohol leveling 0.07% at around 30 meters from the section of 300 meters of alcohol level around 0.07% of alcohol level from the road of the ward in the same ward in the Sinsung (hereinafter referred to as the “fluence”) to the road in the Sinsung Sinsung, the Defendant violated the Road Traffic Act (driving) at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the same criminal history as the suspect);

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 of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the Defendant was punished by a fine for driving under drinking. In addition, considering the risk of the occurrence of the accident caused by the driving of drinking, and the purport of the amendment of the Aggravated Punishment Act that increased the statutory penalty, the nature of the crime is not weak.

However, taking into account the fact that the defendant confessions and reflects, there is no record of criminal punishment for the last ten years, and that the accident does not lead to the accident, the punishment is determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, alcohol concentration in blood, circumstances after the crime, etc.

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