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(영문) 수원지방법원 2020.06.04 2020고단190
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] On May 20, 2015, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 27, 2019, around 23:07, the Defendant driven a D-wing-3 and one ton vehicle under the influence of alcohol concentration of about 1m in the “C” parking lot located in Osan-si B, Osan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, investigation report (report on the state of drinking drivers), notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and summary order-related 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant was punished by a fine due to a relatively recent drinking driving, and the blood alcohol concentration level at the time was also high, and even though it did not amount to damage, it caused a minor contact accident. In light of the purport of the amendment of the Act that increased the statutory penalty, the nature of the crime is not weak.

However, considering the fact that the defendant's mistake and reflects the defendant's mistake, there is still no previous conviction in excess of the fine, the fact that the defendant drives a short distance while driving an acting engineer, other factors such as the defendant's age, attitude, environment, driving circumstances, circumstances after the crime, etc., the punishment as ordered shall be determined by considering various sentencing conditions in the records and arguments.

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