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(영문) 수원지방법원 2019.10.25 2019고단4168
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 19,000,000 won.

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

Reasons

Punishment of the crime

On September 12, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court on September 12, 2008, and on July 3, 2014, the Defendant issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Suwon District Court on July 3, 2014.

On August 2, 2019, at around 23:10 on August 2, 2019, the Defendant driven a D low-speed car in the state of alcohol concentration of about 0.084% in the section of about 1km from the road in front of Suwon-si, Suwon-si, to the road in front of Suwon-si, Suwon-si.

Accordingly, the defendant was driven under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;

1. Records of judgment: Criminal history records, reply reports, and application of double-class Acts and subordinate statutes of summary order;

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 of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case is that the defendant, who has had a record of driving under drinking not less than twice, drives under the influence of alcohol, and the quality of the crime is not weak.

However, in light of various circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of crime, means and consequence of crime, etc., the sentence as ordered shall be determined by taking into account the following circumstances: (a) the defendant recognized the crime of this case as well as his mistake; (b) the defendant appears to have disposed of the vehicle of this case; (c) the defendant has no other criminal records other than three times of fine; and (d) the defendant's drinking driving force of 2008 has passed since the date of the crime of this case.

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