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(영문) 수원지방법원 2020.01.16 2019고단5925
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 14 million.

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

Reasons

Punishment of the crime

[Criminal Power] On September 7, 2016, the Defendant was sentenced to a fine of KRW 4 million by the Suwon District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On September 13, 2019, the Defendant was under the influence of alcohol of 0.161% of blood alcohol concentration at around 01:30, the Defendant driven DK-5 cars at a section of approximately 100 meters from the roads located in the wife population, Kim Quantity-dong, to the front of the restaurant located in the same Gu B.

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 (Attachment of previous records and a copy of summary order), and application of one copy of summary order Acts and subordinate statutes;

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 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, the fact that blood alcohol level is considerably high, and traffic accidents occurred, etc. are disadvantageous to the defendant. Meanwhile, the defendant recognized the crime and seriously reflects the fact that the defendant is a very minor traffic accident, the fact that the crime is a very minor traffic accident, the criminal record of the above drunk driving is a fine, and there is no criminal record except, etc. are considered as favorable to the defendant. It is so decided as per Disposition by taking into account the circumstances favorable to the defendant, taking into account

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