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(영문) 수원지방법원 2020.03.12 2019고단7556
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

[Criminal Power] On August 28, 2013, the Defendant was issued a summary order of KRW 5 million by the Suwon District Court for the crime of violation of the Road Traffic Act (refluence of noise measurement).

【Criminal Facts】

On November 12, 2019, at around 23:32, 2019, the Defendant driven Bone Star Co., Ltd. under the influence of alcohol with approximately 50 meters alcohol concentration of about 0.166% from the Round public parking lot located in 13-6, Sinsan-si, 13-6, to the Mazan-ro 11, Sinsan-ro.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the status of running a motor vehicle on a motor vehicle, and entrustment of appraisal;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of a fine concerning criminal facts, and the choice of a fine;

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 was punished by a fine due to the refusal to measure drinking alcohol as stated in its reasoning, and the blood alcohol concentration level at the time was considerably high. Considering the risk of the occurrence of the accident, the nature of the crime is not somewhat weak.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.

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