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(영문) 수원지방법원 2021.01.14 2020고단7014
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[Power of crime] On June 25, 2014, the Defendant received a summary order of a fine of one million won as a crime of violating the Road Traffic Act (driving) from the Suwon Friwon.

[2] Although Defendant 1 violated the prohibition of drinking driving regulations as above, Defendant 2 driven a New Q-02 PLonboard at the distance of approximately 0.03% alcohol level in the distance of approximately 500 meters from the 500-meter radius from the Suwon-si, Suwon-si, Suwon-si, Seoul-si to the intersection where the same Gu C was under the influence of alcohol level from around 13:35 on June 28, 2020.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver in charge, investigation report (report on the situation of the driver in charge), notification on the result of the crackdown on the driving of alcohol, and the table of the assistant kick on the electric kick;

1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The punishment is determined as ordered by taking into account the following factors: (a) the person who was punished by a fine due to drinking alcohol driving; (b) the person who was led to the blood alcohol concentration in the blood was not reduced; (c) the person who was driven by the electric kick, and had no significant damage; and (d) the defendant’s age, attitude, environment, background, means, and consequence of the crime; and (c) the various sentencing conditions as shown in the records and arguments, such as the circumstances after the crime, etc.

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