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(영문) 수원지방법원 2020.04.24 2020고단147
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On January 16, 2013, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

On December 8, 2019, around 10:24, the Defendant driven a eco-sports car in the direction of approximately 35 km alcohol level from the front of the wife population B to the front of the D innju City, in the direction of about 35 km, while under the influence of alcohol level of about 0.037%.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. One copy of the notification of the results of the drinking driving control, the report on the situation of a drinking driver, and the inquiry into the results of the drinking control;

1. Records of judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes of one summary order;

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 53 and 55 (1) 6 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 of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case 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 that of the latter.

However, the defendant recognized the crime of this case and divided his mistake, the degree of the blood alcohol concentration due to the drinking of this case shows that the figure of the blood alcohol concentration due to the drinking of this case shows that the defendant had been driving of this case under the circumstance that the defendant was under the situation that the defendant was under the circumstance that he was under the circumstance that he was under the circumstance that he was under the suspension of execution or higher punishment, and there are no records that the defendant has yet to be under the suspension of execution or higher punishment, and other various circumstances that are the conditions of sentencing as shown in the record, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result, etc. after the crime, shall be determined as the sentence like the order.

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