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(영문) 수원지방법원 성남지원 2020.01.09 2019고단2704

도로교통법위반(음주운전)

Text

A defendant shall be punished by a fine not exceeding 12 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

[Criminal Power] On August 4, 2017, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 24, 2019, at around 01:20, the Defendant driven D Cor or a car while under the influence of alcohol content of about 0.153% from the 2.5km section from the 01:5m road in Seongbuk-gu, Sungnam-si, Sungnam-si, to the preceding road of the Gu C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle in the main place of business, report on the situation of a driver in the main place of business, and report on internal death;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant statutory provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, and the selection of fines (the details of the punishment, the degree of the punishment, and the one-time punishment of the fine due to the drinking driving) are not to be relaxed; however, more favorable circumstances such as the fact that the defendant does not engage in re-offending while breaking the wrong facts in depth, and that there are no other power than the above punishment, shall be considered);

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;