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(영문) 수원지방법원 2019.09.26 2019고단3874
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On July 18, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 6, 2019, around 00:27, the Defendant driven an E rocketing car under the influence of alcohol content of 0.148 percent from the parking lot located in Suwon-si, Suwon-si, to the front day of the Domnael at the same time.

As a result, the defendant violated the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal references, investigation reports (Attachment of the previous and summary orders), and application of Acts and subordinate statutes governing summary orders;

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order has the history of having been punished two times or more by the defendant for a drunk driving, and since June 25, 2019, the penal provision for a drunk driving was strengthened, and the defendant was also able to easily understand the above circumstances through the media, etc., and there is a need for a strict punishment in that he/she was a drunk driving.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant has no record of punishment heavier than a suspended sentence due to the same kind of crime, and that there is no record of punishment for the defendant, and other various circumstances that are the conditions of sentencing as shown in the records, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc

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