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(영문) 수원지방법원 2020.06.25 2020고단784
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On October 16, 2013, the Defendant received a summary order of KRW 5 million from the Suwon District Court on the grounds of a violation of the Road Traffic Act (driving).

【Criminal Facts】

On December 24, 2019, around 00:30, the Defendant driven a Cslova vehicle while under the influence of alcohol concentration of approximately 2m in the 0.228% while under the influence of alcohol level on the roads near Yong-gu, Young-gu B.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the provisions of the Road Traffic Act prohibiting driving under the influence of alcohol once or more.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes of one summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant repeated the offense despite the fact that the Defendant had been punished once due to drunk driving; (b) the fact that the blood alcohol level is very high; (c) the Defendant recognizes and reflects the offense; (d) the Defendant does not have any traffic accident; (c) the Defendant is a criminal conviction of a fine; and (d) the fact that there is no other criminal conviction; and (e) the driving distance is very short; and (e) the circumstances favorable to the Defendant are considered as favorable to the Defendant; and (e) all other factors of the sentencing specified in

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