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(영문) 수원지방법원 성남지원 2019.11.21 2019고단2421

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 March 4, 2019, the Defendant received a fine of 2.5 million won as a crime of violating the Road Traffic Act (driving) in the Sungnam Branch of Suwon District Court.

【Criminal Facts】

On September 25, 2019, the Defendant, while under the influence of alcohol around 00:40, driven the BA code car from the insular area below the Hanam-si Gyeongnam-si, Seoul to the upper seat of the Seoul East East Eastern Highway from around 5km to the upper seat of the Seoul East East East East Eastern Highway.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, 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 (in cases of unfavorable circumstances, such as the same type of power and the interval of time, but the defendant is able to repenting and not repeat the crime in depth, and there is no other force in addition to the one-time punishment of the fine, comprehensive consideration of all the conditions of sentencing including the fact that there is no other force in addition

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;