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(영문) 수원지방법원 2020.11.20 2020고단4993
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 14,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On January 4, 2012, 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】

피고인은 2020. 7. 5. 00:20경 오산시 B 상가 인근 도로에서부터 같은 시 경기대로 470에 있는 짬뽕지존 사거리에 이르기까지 약 1km의 구간에서, 혈중알코올농도 0.187%의 술에 취한 상태로 C 싼타페 자동차를 운전하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, notification of the results of the control of drinking driving, and investigation report (the results of blood collection appraisal and promise of attendance);

1. Records before judgment: Application of criminal records, etc. inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant again committed the instant crime even though he/she had the record of being punished for a drunk driving as stated in its reasoning, and that there is no motive or circumstance to consider the commission of the instant crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes the crime of this case and that there is no other record of criminal punishment except before the judgment is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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