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(영문) 수원지방법원 2020.10.22 2020고단4935
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 September 29, 2006, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On July 1, 2020, at around 20:0, the Defendant driven a DNA car while under the influence of alcohol level of about 0.134% in the 3km section from Suwon-si to the same Gu C apartment parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Statement statement, investigation report, and appraisal report from an acquisition-driver;

1. Previous convictions: Application of criminal records and copies of summary order 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, even though the Defendant had a record of being punished by a fine due to a drunk driving, was also driving in this case at the same time, the blood alcohol concentration level at the time was high, and the contact accident occurred.

In this context, considering the purpose of the amendment of the statutory penalty raised, the quality of the crime is not somewhat weak.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction that exceeds the fine yet, the punishment as ordered shall be determined by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, distance, drinking volume, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments.

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