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(영문) 수원지방법원 평택지원 2020.05.22 2019고단2197

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 January 20, 2009, the Defendant issued a summary order of KRW 1,50,000 to a fine for the violation of the Road Traffic Act at the site of Suwon District Court on January 20, 209.

On September 21, 2019, at around 23:32, the Defendant driven an Epic vehicle under the influence of alcohol with approximately 0.078% alcohol concentration from the 5km section from the roads near the mutually influoral main points in Pyeongtaek-si B to the aftermacing route in the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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 on 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.

The circumstances that are advantageous to the effect that the driver is able to escape criminal liability, such as the fact that the driver has already been punished three times by a fine due to the drunk driving, and that the circumstances that the driver tried to escape from criminal liability, such as the driver's statement of the infant at the time of detection: The confession and reflect of the crime, and the previous criminal records are all used before around 209, and there is no particular criminal record for about ten years after the previous criminal records.