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(영문) 수원지방법원 2020.06.04 2020고단351
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 December 12, 2012, the Defendant was issued a summary order of a fine of two million won by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 29, 2019, the Defendant was under the influence of 0.182% of blood alcohol concentration at around 06:00, the Defendant driven a B-do motor vehicle within the 14 kilometers of approximately 14 kilometers at the entrance of the Gyeongcheon-si 434-8 motorway at the front of the bankruptcy police box located in the Gwangju Mine-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the report on circumstantial statements of a drinking driver and the control results of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, repeated statements (A), investigation reports (former and previous records), and application of Acts and subordinate statutes of one copy of summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under influence of alcohol, the Defendant was driving under the instant case. Considering the fact that blood alcohol concentration at the time of driving is relatively high and the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the nature of the crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.

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