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(영문) 수원지방법원 2021.01.22 2020고단7155
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 August 9, 2017, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from a water source method source.

Nevertheless, on October 15, 2020, the Defendant driven an E-3 vehicle with approximately 1km section from a water parking lot located in Suwon-si B to the front road in Young-gu D Apartment-gu, Suwon-si, Suwon-si, under the influence of alcohol level of 0.126% among blood transfusion around 23:30.15.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver who is placed in driving, investigation report (report on the situation of the driver who is placed in driving in driving), records of measurement of drinking, and notification of the results of regulating drinking driving

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, and a copy of the summary order, approximately 16796, which is about KRW 2017,00;

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 of the Criminal Procedure Act is that the Defendant again commits the instant crime even though he/she had the record of being punished for driving under drinking, as stated in its reasoning, and that there is no motive or circumstance to take into account the commission of the instant crime is disadvantageous to the Defendant.

On the other hand, the defendant seems to have an attitude to recognize and reflect the crime of this case, and the fact that there is no record of criminal punishment other than before the judgment is favorable to the defendant.

Other circumstances shown in the records, such as the age, sex, motive and background of the crime, results and circumstances of the crime, etc., shall be determined as per the order.

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