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(영문) 수원지방법원 2020.10.08 2020고단4126
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 December 10, 2014, the Defendant was issued a summary order of KRW 3 million at the Suwon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 29, 2020, at around 05:04, the Defendant driven a B G70 car under the influence of alcohol concentration of approximately 1.8 km from the public parking lot of the Donganbuk-si 21-ro 21-gil, e.g., the same city Samsung 1-ro 160 in the same city to the dynamic digital park distance of approximately 1.8 km.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and response to requests for appraisal by the drinking driver; and

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

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, even though the defendant had a record of being sentenced to a fine twice due to drunk driving, was also driving in this case at the same time, and the blood alcohol concentration level at the time was also reasonable. 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 easy.

However, taking into account the fact that the defendant is led to confession and reflect, the fact that the above previous section of the same year has been relatively old, and there has not yet been any criminal record exceeding the fine, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, circumstances of driving, distance, drinking volume, circumstances after the crime, etc., and various sentencing conditions specified in the records and arguments.

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