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(영문) 수원지방법원 2019.09.05 2019고단3751

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

On March 12, 2018, the Defendant was issued a summary order of a fine of KRW 1.5 million for the violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site site.

On July 05, 2019, at around 05:24, the Defendant driven a bale car with alcohol content of about 0.093% while under the influence of alcohol at least twice in a section of about 2km from the galian park near the dog park that is located in the Sincheon-dong 199-4 of the same Sincheon-dong from the day on which the Defendant driven a bale car with alcohol content of about 0.093%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

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 2018, and since June 25, 2019, the penal provision for a drunk driving was strengthened, and the Defendant was also able to easily understand the above circumstances through the media, and there is a need for a strict punishment in that the Defendant was a relatively past criminal record.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that there is no record that the defendant has been punished for a stay of execution or more yet, and that there is no record of punishment for the defendant, and other various circumstances that form the conditions of sentencing as shown in the record, such as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc