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(영문) 수원지방법원 2020.09.24 2020고단3776
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 April 6, 2012, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) from an Ansan District Court.

【Criminal Facts】

On May 27, 2020, at around 00:45, the Defendant driven a car with C Efladon under the influence of alcohol level of about 0.176% from a distance of about 100 meters from the front road of Suwon-si, Suwon-si, Suwon-si, Suwon-si, Seoul-si, to the front road of Suwon-si B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the situation of a drinking alcohol driving, report on the respiratory measuring results, and report on the control of a drinking alcohol driving;

1. Previous for judgment: Application of one copy of the statement of criminal history records, and one copy of the summary order;

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 was that the Defendant was punished by a fine due to a drunk driving, but the Defendant was also driving the instant drinking, and the drinking level and the blood alcohol concentration level was reasonable at the time, and the contact accident that shocks the two parked vehicles was also caused.

Considering such circumstances, the fact that the defendant is led to confession and reflect, and there is still no previous conviction in excess of the fine, etc., other factors such as the defendant's age, attitude, environment, driving circumstances, circumstances after the crime, the circumstances after the crime, and the origin of the figures, etc., the punishment is determined as ordered.

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