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(영문) 수원지방법원 2020.10.23 2020고단5201
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On September 19, 2008, the Defendant was issued a summary order of KRW 500,000 by the Suwon District Court for the crime of violation of the Road Traffic Act.

At around 21:00 on July 14, 2020, the Defendant driven the eCA 110 Obaba under the influence of alcohol content of approximately 0.113% from a distance of approximately 100 meters from the Do in front of the parking lot exclusively for customers in Suwon-gu B market to the front roads in Suwon-si C at a distance of approximately 100 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Notification of the results of the control of drinking driving, set, report on the circumstantial statement of a drinking driver, and report on the status of drinking driving;

1. Records of judgment: Application of two copies of a statement of criminal history records, and a copy of a summary order to two Acts and subordinate statutes;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to the drinking alcohol in this case.

The defendant has been subject to punishment because he/she has already been found to drive under drinking twice.

However, in light of the following circumstances, the Defendant recognized the instant crime and divided his mistake; the Defendant’s drinking driving record was 11 years or more from the date of the instant crime; the Defendant did not have any other criminal records other than four times of fine; the Defendant’s age, health status, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc.; and the sentence as ordered shall be determined by taking into account the various circumstances, such as the Defendant’s age, health condition, character and conduct, motive and circumstance of the crime; and

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