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(영문) 수원지방법원 성남지원 2020.05.07 2020고단379
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On May 18, 2016, the Defendant was issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in the Sung-nam Branch of Suwon District Court on May 18, 2016.

Criminal facts

On December 23, 2019, at around 02:49, the Defendant driven a DNA car with a blood alcohol concentration of about 0.158% under the influence of alcohol in approximately 100 meters from the 100-meter radius around the roads near Seongbuk-gu, Sungnam-si to the roads adjacent to Sungnam-si C.

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

Summary of Evidence

1. The defendant's legal statement E, F, and G statements;

1. Investigation report on the occurrence of a traffic accident, report on the circumstances of a drinking driver, and notification of the results of the regulation of drinking driving;

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

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, once again committed the instant crime of drinking alcohol again within a relatively short period despite the fact that he/she had been punished for drinking alcohol.

Taking into account the degree of exploitation, driving distance, danger, etc., and other factors of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive and means of crime, etc., the punishment as ordered shall be determined.

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