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(영문) 수원지방법원 2020.08.28 2020고단2207
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 14, 2007, the Defendant received a summary order of KRW 2,50,000,000 from the Suwon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On March 30, 2020, the Defendant driven the EM5 vehicle while under the influence of alcohol with a blood alcohol concentration of 0.149% at the 1km section from the front of the C, to the front of the D Association, “D Association” located in C, from the front of the C, at around 11:21.30.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on a traffic accident, report on the occurrence of a traffic accident, site photograph, etc., report on the circumstances of a drinking driver, investigation report, and notification on the results of the crackdown on drinking driving;

1. An accident site photograph;

1. Records before judgment: Application of inquiries about criminal records, etc. and copies of summary order 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 Defendant again committed the instant crime even though he/she had the record of being punished twice due to drinking driving, including the previous conviction in the judgment of the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and the fact that there is no motive or circumstance to consider the commission of the instant crime is unfavorable to the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case, and that there was no record of punishment from the punishment in 2007 to the crime of this case 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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