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(영문) 수원지방법원 2020.09.24 2020고단4743
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[criminal power] The defendant was issued a summary order of a fine of one million won at the Suwon District Court on December 26, 2008 due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 19, 2020, at around 02:10, the Defendant driven a C Uidi A6 car from approximately 150 meters section to the front road in Suwon-si, Suwon-si, Suwon-si, Suwon-si, in a state of alcohol alcohol concentration of 0.098%.

Summary of Evidence

1. Defendant's legal statement;

1. Images of the crime preventionCCTV images at the place of dactling the report on the circumstantial statement of the drinking driver;

1. Before judgment: References to criminal records, references to criminal records, previous records of disposition, and application of Acts and subordinate statutes reporting results;

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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under influence of alcohol, the driving of the instant case was done under the influence of alcohol, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the quality of the relevant crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.

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