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(영문) 수원지방법원 2020.06.18 2019고단7125
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

[Criminal Power] On March 27, 2019, the Defendant received a summary order of KRW 2 million from the Suwon District Court on the ground of the violation of the Road Traffic Act (driving).

【Criminal Facts】

On November 1, 2019, at around 03:14, the Defendant driven an E rocketing car with approximately 00 meters alcohol concentration of 0.179% from the 200-meter distance crossing in the front of the C, Osan City, to the front of the D, Osan City.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

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. A written appraisal of blood alcohol;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (previous and confirmation), and the application of statutes after inquiry;

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 that the defendant committed a second offense since it has long been punished for drunk driving in 2019, and the blood alcohol concentration is very high, etc., under the circumstances unfavorable to the defendant. Meanwhile, the defendant is admitted to commit a crime, the traffic accident is not committed, the criminal record of the above drinking driving is a fine, and there is no other criminal record, etc., taking into account the circumstances favorable to the defendant, and taking into account all other sentencing conditions shown in the records of this case as a whole.

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