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(영문) 수원지방법원 2020.06.18 2020고단175
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

[Criminal Power] On June 11, 2010, 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 30, 2019, at around 00:14, the Defendant driven BINI Cooper vehicle in the state of alcohol alcohol concentration of approximately 0.060% from the 3km section of approximately 3km to the ecological tunnel located in the Dong-dong in the Dong-dong of Young-gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);

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 is that the Defendant had been sentenced to a fine due to drunk driving two times, and even if so, the Defendant used the pertinent drinking driving. In light of the risk of the occurrence of the accident and the purport of the amendment of the amended Act, the nature of the crime is not weak.

However, taking into account the fact that the defendant is led to confession and reflect, and that there is no previous conviction other than the above previous one, the defendant's age, attitude, environment, driving background and distance, blood alcohol concentration level, circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account various sentencing conditions shown in the records and arguments.

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