(영문) 수원지방법원 2021.01.21 2020고단6430

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2021.01.21 2020고단6430

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[Criminal Records] The Defendant is a person who was sentenced to a fine of four million won on December 2, 2015 for a violation of road traffic law at the Suwon Flag Flag on December 2, 2015.

[2] Around September 14, 2020, the Defendant driven an Eststren vehicle at approximately 5km from the front side of the water source city, Suwon-si, the alcohol concentration of which is 0.095% under the influence of alcohol while under the influence of alcohol around September 14, 2020, to the front side of the water source city D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving and the results of respiratory testing;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes concerning investigation reports (Attachment to relevant judgments);

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant committed a second offense despite the fact that the Defendant had been punished once due to drinking alcohol driving; and (b) the fact that the blood alcohol concentration level is not lower than that of the Defendant; (c) on the other hand, the Defendant recognized and reflected the Defendant’s crime; (d) the Defendant did not have any traffic accident; and (e) the above drinking driving criminal record is the previous offense of a fine; and (e) the fact that the said drinking criminal record is the previous offense of a fine; and (e) there is no record of criminal punishment, taking into account the circumstances favorable to the

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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