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(영문) 수원지방법원 평택지원 2020.02.18 2019고단1411
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On January 21, 2019, the Defendant received a summary order of fine of one million won as a crime of violation of the Road Traffic Act from the Suwon District Court.

Criminal facts

On August 3, 2019, at around 21:10, the Defendant driven FW125 Orala while under the influence of alcohol content of about 0.072% from the 200-meter section to the E neighboring road located in Asan City B from the front of C to D.

Accordingly, the defendant violated the provision on prohibition of drunk driving under the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (The following grounds for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. A fine shall be imposed in consideration of favorable circumstances, such as the fact that there is no power to commit the same offense except once the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the confession, reflect and not repeat the instant crime, and the fact that the blood alcohol concentration was not high and the driving distance was short, etc.

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