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(영문) 수원지방법원 2020.05.21 2020고단1214
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

[Criminal Power] On July 4, 2016, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 12, 2020, around 01:35, the Defendant driven a D QM3 car with a blood alcohol concentration of 0.178% under the influence of alcohol from the 1k section to the roads located in C, located in the vicinity of the amban-si, Masung-si, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Report on the circumstances of an employee;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other 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 has a record of being punished for a drunk driving in 2016. Since June 25, 2019, the penal provision for a drunk driving was strengthened, and the Defendant also was able to easily contact the above circumstances through the media, and there is a need for a strict punishment in that he/she was a drunk driving in this case.

However, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant recognized the instant crime and divided his mistake; the Defendant has no record of punishment in excess of the fine yet; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.

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