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(영문) 수원지방법원 2019.11.28 2019고단4578

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 11 million.

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

Reasons

Punishment of the crime

[Criminal Power] On December 12, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 22, 2019, at around 21:50, the Defendant driven a sports car in the D Coina while under the influence of alcohol concentration of about 0.122% from about 1km to about C before the road.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same criminal records);

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant re-offending a crime despite the fact that the Defendant had been punished once due to drunk driving; and (b) the fact that the blood alcohol level was not low; (c) the Defendant recognized the Defendant’s crime and committed a seriously against the Defendant; (d) the Defendant did not have any traffic accident; (c) the criminal record of the above drunk driving is a criminal record of a fine of 2008; (d) there are no particular criminal records; and (e) there are circumstances that may be taken into account the circumstances favorable to the Defendant, taking into account the circumstances favorable to the Defendant; and (e) all other sentencing conditions indicated in the records of this case