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(영문) 수원지방법원 2020.06.18 2020고단525
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 11 million.

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

Reasons

Punishment of the crime

On November 7, 2016, the Defendant issued a summary order of 1.5 million won to a fine for a violation of the Road Traffic Act at the Suwon District Court on November 7, 2016.

Nevertheless, at around 21:52 on January 1, 2020, the Defendant driven a D-crare car under the influence of alcohol leveling 0.067% from approximately 6 km section from the front of Suwon-si B to the front of the same Si/Gu C.

As a result, the defendant, even though he had been punished for a drunk driving, has re-driving and violated it more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report, etc. on the status of a drinking driver;

1. Notification of the results of the drinking driving control and the drinking-measurement;

1. Previous convictions in judgment: Application of two copies of criminal records and summary order under the Acts and subordinate statutes;

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 fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order committed a second offense despite the fact that the defendant had been punished once due to drunk driving, etc. is disadvantageous to the defendant. Meanwhile, the fact that the defendant recognized the crime and is contrary to the truth, the traffic accident does not occur, the criminal record of the above drunk driving is the criminal record of a fine, and there is no special criminal record, and the fact that the above criminal record is the criminal record of a fine, and the blood alcohol concentration has not been high, etc. are considered as favorable to the defendant, and all of the other sentencing conditions in the records of the case are considered in consideration

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