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(영문) 수원지방법원 2020.02.27 2019고단6790

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

On August 31, 2015, the defendant was issued a summary order of 1.5 million won by the Suwon District Court for the violation of the Road Traffic Act.

Nevertheless, at around 23:30 on October 12, 2019, the Defendant driven D K3 car in the state of alcohol with a blood alcohol concentration of about 0.067% from around 500 meters to the front road in the front road of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

As a result, the defendant, even though he had been punished for a drunk driving, has re-driving and violated it more than twice.

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 records: Application of one copy of inquiry report and summary order, such as criminal records;

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, 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, etc., and there is a need for strict punishment in that he/she was a drunk driving.

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.