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(영문) 수원지방법원 평택지원 2020.05.08 2019고단1959

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 15, 2017, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act from the Suwon District Court as a matter of violation of the Road Traffic Act.

On October 29, 2019, at around 22:20 on October 29, 2019, the Defendant driven C Lasta car while under the influence of alcohol 0.097% in a section of about 500 meters from the day before the cafeteria-dong to the same city B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of statutes governing attached data;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and the circumstances after the crime.

Circumstances unfavorable: Circumstances that are favorable to the fact that a person drives a motor vehicle again even though he/she has already been punished for a drunk driving: The confession and reflect of the crime.