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(영문) 수원지방법원 2020.11.27 2020고단6565
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On May 30, 2008, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Sung-nam branch of Suwon District Court as a result of the violation of the Road Traffic Act.

At around 23:05 on September 17, 2020, the Defendant driven an Efranchis vehicle under the influence of alcohol with approximately 0.074% of blood alcohol concentration from the front of the office of the Defendant located in Young-gu, Young-gu, Young-gu, Young-si to the D shooting distance located in Young-si, Young-si, 300 meters from the front of the office of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence of cases in violation of the Road Traffic Act;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Records of judgment: Application of 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 of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case 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 that of the latter.

However, in light of various circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result of the crime, etc., the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant recognized the crime in this case; (b) the defendant's drinking driving record has passed more than 12 years since the date of the crime in this case; and (c) the defendant has no other criminal records other than the above one fine prior to the above one time; and (d)

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