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(영문) 수원지방법원 2020.12.10 2020고단6921
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 December 3, 2014, the Defendant received a summary order of KRW 5 million from the Suwon District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act, etc., and received the same criminal record once.

【Criminal Facts】

On September 22, 2020, the Defendant driven B motor vehicle under the influence of alcohol content of about 10km from the influent land of the Seoul Special Metropolitan City Salym to the front road of the Guang-si Camamamamamamamamam, and at around 0.038% of alcohol content.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous convictions indicated in judgment: Criminal history records, repeated statements (A), investigation reports (reports on confirmation of the same criminal records), and application of Acts and subordinate statutes of the 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 driving of the instant case was done under the influence of alcohol, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the quality of the relevant crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, that there is no previous conviction in excess of fine, that the blood alcohol content is relatively low, and other various sentencing conditions shown in the records and arguments, such as the defendant's age, attitude, environment, background and distance, circumstances after the crime, etc., the punishment as ordered shall be determined.

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