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(영문) 수원지방법원 2020.05.14 2019고단8455

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

【Criminal Power】 The Defendant is a person who received a summary order of KRW 1.5 million from the Suwon District Court on March 19, 2014 due to a violation of the Road Traffic Act.

【Criminal Facts】 On November 7, 2019, the Defendant driven E-Track Motor Vehicle under the influence of alcohol concentration of about 0.052% in the section of about 500 meters around the roads near the D apartment in the e-mail, from the Do near the C in the e-si city, on November 7, 2019 to the roads near the D apartment.

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 indicated in judgment: Criminal records, investigation reports (suspect's records of drinking alcohol), and summary orders issued by Suwon District Court Decision 2014 High Court Decision 1097 High Court Regulations shall apply;

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 fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order committed a second offense despite the fact that the defendant had been punished once due to drunk driving, etc. is disadvantageous to the defendant. Meanwhile, it is decided as per Disposition by taking account of the circumstances favorable to the defendant, the fact that the defendant recognized the crime, committed a serious violation against the truth, did not have any traffic accident, the criminal record of the above drinking driving is the criminal record of a fine, the fact that there is no other criminal record, the fact that the blood alcohol level is low, the support is supported by his family, and the fact that the main person want to take the wife, taking into account the circumstances favorable to the defendant, and taking into account all other factors of the sentencing specified in