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(영문) 수원지방법원 2020.11.26 2020고단6840
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On December 2, 2015, 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 September 22, 2020, the Defendant driven a DSS5 car with a blood alcohol concentration of about 0.122% from the parking lot in front of the Suwon-si Bel, Suwon-si, to the roads in front of C, while under the influence of alcohol at approximately 2 meters.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, notification of the results of the control of drinking driving, the results of respiratory measurement, and field photographs;

1. Previous records: Application of Acts and subordinate statutes to criminal investigations by foreigners, career data inquiry, investigation reports (including the same kind of electricity - one copy of the summary order attached thereto);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 order of provisional payment is against the defendant's recognition of the crime of this case, and the defendant's refusal of parking on the ground of the vehicle's request for parking and drinking, which led to the crime of this case upon the repeated request, and there are other circumstances to consider the circumstance. In addition, the defendant's age, character, conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered

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