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(영문) 수원지방법원 2021.01.28 2020고단7894
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On June 17, 2020, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Suwon Friwon method.

On September 25, 2020, the Defendant driven a Dex ES300-h vehicle with approximately 400 meters distance from Dex 2 to Dex 300-h vehicle, while under the influence of alcohol 0.201% during blood transfusion around Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. Previous conviction: Application of a written inquiry, a copy of a summary order, such as criminal history;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, on June 2020, was punished by a fine due to driving under drinking on or around the same day. The Defendant, at the same time, was driving under the influence of drinking on the last three months. The blood alcohol concentration level at the time was very high, and the responsibility for the offense is very heavy as it causes contact accidents.

However, considering the fact that the defendant confessions and reflects, there is no previous conviction exceeding the fine, the fact that the defendant suffered a relatively minor physical damage and the damage was recovered, etc., the punishment shall be determined as ordered by taking into account various sentencing conditions shown in the records and arguments, including the defendant's age, attitude, environment, driving circumstances, distance, circumstances after the crime, etc.

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