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(영문) 수원지방법원 2020.10.15 2020고단5074
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

On November 21, 2014, the Defendant received a summary order of KRW 4 million from the Suwon District Court as a violation of the Road Traffic Act.

On June 9, 2020, at around 22:49, the Defendant driven a passenger car with 4 km from the front line of Suwon-si, Suwon-si, Suwon-si, Seoul Metropolitan Government, with a blood alcohol concentration of 0.170%, at around 0.170%.

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 statement of the state of drinking drivers, notification of the results of drinking driving control, and records of drinking measurements;

1. Previous convictions indicated in the judgment: Criminal history records, return on investigation (Attachment to a summary order of the same kind of power), application of Acts and subordinate statutes to the summary order of 2014 high-class district court, No. 9216;

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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under influence of alcohol, the driving of the instant case was done under the influence of alcohol, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the quality of the relevant crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.

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