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(영문) 수원지방법원 2020.04.24 2020고단471
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 March 25, 2011, the Defendant was issued a summary order of KRW 2 million by the Seoul Central District Court as a crime of violation of the Road Traffic Act.

The Defendant, at around 23:10 on January 9, 2020, under the influence of alcohol by 0.134 percent of blood alcohol concentration, and according to the records at around 300 meters away from the 300-meter section above the Dmoter road located in the Gho-si river B, the Defendant appears to recognize the fact that the vehicle driven by the Defendant is a vehicle E, and there is no particular obstacle to the Defendant’s exercise of the Defendant’s right of defense. Thus, the Defendant ex officio

Ecuador car was driven by Ecuador.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Records of judgment: Application of one copy of a statement on criminal records, a written summary order, and one copy of the relevant 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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order 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 less than that of the crime, but not less than that of the blood alcohol concentration due to the drinking alcohol in this case.

However, the defendant recognized the crime of this case and divided his mistake, completed the special traffic safety education conducted by the Road Traffic Authority after the crime of this case, the defendant's drinking driving force has passed not less than eight years since the date of the crime of this case, and the defendant's age, character, character, environment, motive and circumstance of the crime, means and result, etc., and the punishment as ordered shall be determined by taking into account the various circumstances, which are the conditions for sentencing specified in the records, such as the defendant's age, character and behavior,

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