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(영문) 수원지방법원 2020.04.23 2019고단8224

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 13 million.

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

Reasons

Punishment of the crime

[Criminal Power] On July 21, 2017, the Defendant was issued a summary order of KRW 4,00,000 as a crime of violation of the Road Traffic Act at the Suwon District Court on July 21, 201.

【Criminal Facts】

On December 19, 2019, at around 23:10, the Defendant driven a d-wing 3 truck under the influence of alcohol concentration of about 0.126% from a section of approximately 1 kilometer to the C real estate front of the real estate located in the same city B, from the road in the ethic City of Masan-si.

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: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records as the suspect);

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant committed a second offense 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 and reflected the Defendant’s crime; (d) the Defendant did not have any traffic accident; and (e) the previous offense of a drunk driving is the previous offense of a fine; and (e) the fact that there is no other criminal record, etc. are considered as favorable to the Defendant; and (e) the decision is rendered as per Disposition by taking into account the circumstances favorable to