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(영문) 수원지방법원 2020.01.16 2019고단6210

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 16,000,000 won.

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

Reasons

Punishment of the crime

On May 15, 2009, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act at the Suwon District Court.

On September 16, 2019, at around 20:25, the Defendant driven a FNAS car under the influence of alcohol with approximately 1.2 km alcohol concentration of about 0.265% at the section of approximately 1.2km from the Do in front of the restaurant “C” in Young-gu, Suwon-si B to the front of the E-high school located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement, investigation report, and report on detection of the drinking driver;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

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 Defendant committed a second offense on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, even though he/she had committed a second offense.

At the same time, the situation was satisfy to the extent that the situation was completely unsatisfed, and the traffic accident occurred.

However, in light of the circumstances, scale, etc. of the accident, it was dangerous that it could cause more severe damage, and the nature of the crime is not easy.

However, considering the fact that the defendant is led to confession, his mistake is divided, and does not repeat the crime, the fact that the previous division (202, 2009) is relatively old, the punishment as ordered shall be determined by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, distance, and the source of family members and his family members and the various sentencing conditions shown in the arguments: the defendant's age, attitude, environment, driving circumstances, distance, and family members' carbon, etc.