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(영문) 수원지방법원 성남지원 2020.04.08 2019고단3237
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On July 29, 2013, the Defendant was issued a summary order of KRW 7 million on the grounds of the violation of the Road Traffic Act (driving) in the Sungnam Branch of Suwon District Court.

【Criminal Facts】

Although the Defendant violated Article 44(1) of the Road Traffic Act, at around 22:25 on December 16, 2019, the Defendant once again driven a Drocketing car from approximately 7 km section to the Cridge in front of the Cridge located in the ridge of Orpo-Eup in Gwangju City while under the influence of alcohol concentration of 0.075%, at around 22:25 on December 16, 2019.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the result of crackdown on drinking driving, and report on the situation of drinking drivers;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

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 is a high-risk crime that may infringe on the life and property of others as well as the person himself/herself, and thus, it is highly necessary to punish the defendant strictly. It is not good that the defendant has reached a drinking again even though he/she had a record of causing a traffic accident due to a driving by drinking

However, considering the fact that the defendant recognized his mistake and reflects, that the defendant has no criminal records other than once before and after the fine due to drinking driving in 2013, that the defendant raises the baby alone, the defendant's age, character and conduct, environment, motive, means and result of the crime of this case, etc., the punishment as ordered shall be determined by taking into account the various circumstances revealed in the arguments, such as the circumstances after the crime.

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