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(영문) 수원지방법원 2019.11.28 2019고단5912

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

【Criminal Power】 The Defendant is a person who has received a summary order of KRW 1.5 million from the Suwon District Court on May 22, 2019 due to a violation of the Road Traffic Act.

【Criminal Facts of Crimes】 On September 26, 2019, the Defendant driven an E Car under the influence of alcohol of approximately 0.094% of the blood alcohol concentration at approximately 600 meters from the D department stores in front of the D department stores located in Do B in Do-si, Do-si, Do-si, the Government-si, at the end of Do-si, around 09:15.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A), investigation reports (the records of drunk driving of a suspect), application of a summary order of one summary order to the competent district court 2019 high-pressure about 4853;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being punished for a drunk driving in 2019, and the penal provision for a drunk driving was strengthened since June 25, 2019, and the Defendant also was able to easily have access to the aforementioned circumstances through the media, and there is a need for severe punishment in that he/she was a drunk driving in this case.

However, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant recognized the instant crime and divided his mistake; the Defendant has no record of punishment in excess of the fine yet; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.