(영문) 수원지방법원 2020.10.16 2020고단5003

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(영문) 수원지방법원 2020.10.16 2020고단5003

도로교통법위반(음주운전)

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Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

On October 7, 2014, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

Nevertheless, at around 18:00 on June 24, 2020, the Defendant driven an automobile with a volume of 500 meters up to 500 meters in front of the Suwon-si C apartment in Suwon-si, Suwon-si, under the influence of alcohol level of 0.101%.

Accordingly, the defendant violated the prohibition clause of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Records of judgment: Application of criminal records, inquiry reports, and copies of summary order 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.

However, in light of the following circumstances, the defendant recognized the crime of this case and divided his mistake, and the defendant did not have any other criminal records other than the above one-time fine, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the punishment as ordered shall be determined by taking into account the various circumstances, which form the conditions for sentencing as shown in the records, such as the

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