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(영문) 수원지방법원 2020.04.23 2019고단8241
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On August 30, 2013, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) at the Seoul Eastern District Court.

【Criminal Facts】

Although the Defendant violated the prohibition of drinking driving regulations as above, on November 5, 2019, at around 23:05, the Defendant once again driven D Sti-type vehicles under the influence of alcohol 0.129% of blood alcohol concentration at approximately 5km from the front of the bridged road located in Chungcheongnam-si B to the front of Suwon-si, Suwon-si, Suwon-si C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, report on request for appraisal, and notification on the results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by a copy of a summary order);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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, including the previous conviction in the judgment, was two times the criminal records of the judgment, which were subject to the criminal punishment due to the drunk driving, and the blood alcohol concentration level at the time was considerably high. Considering the risk of the occurrence of the accident and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, the fact that one of the above previous departments was prior to 10 years, etc., the defendant's age, attitude, environment, driving circumstances, distance, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments shall be determined as ordered.

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