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(영문) 수원지방법원 2020.03.27 2019고단6712
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

On July 10, 2014, the Defendant was issued a summary order of KRW 1,50,000 by the Suwon District Court as a crime of violation of the Road Traffic Act.

On October 21, 2019, the Defendant driven a F-nurbf car in the state of alcohol alcohol concentration of about 0.074% from the front road located in the Heung-gu Seoul Metropolitan Government B to the front road located in the same Gu D, from around 1km to the front road located in the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

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 a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not that of the latter.

However, considering the fact that the defendant is recognized as committing the crime of this case and there is no other criminal records other than the above one time prior to the above one fine, and other various circumstances that form the conditions for sentencing as shown in the record, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc., the punishment as ordered shall be determined.

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