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(영문) 수원지방법원 2019.10.25 2019고단5103

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 4, 2008, the Defendant was issued a summary order of KRW 700,000 by the Suwon District Court as a crime of violation of the Road Traffic Act.

On September 2, 2019, the Defendant, as a person who violated the prohibition of drunk driving regulations as above, driven a Fcoon car in the state of alcohol alcohol concentration of about 0.048% in approximately 200 meters from the roads adjacent to C in Suwon-si, Suwon-si B to the front roads in the same Gu E in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the state of driving under drinking;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, the selection of fines (incompetence, the same kind of crime and one time before and after the lapse of ten years, and there is no record of punishment exceeding fines, and the occurrence of no personal and material accidents, etc.);

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;