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(영문) 수원지방법원 2020.11.27 2020고단6101
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On April 18, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Suwon District Court on the same day and KRW 2 million for a crime of violation of the Road Traffic Act at the same court on December 26, 2008. However, around August 22 and 15, 2020, the Defendant driven a Bbee car at a level of about 5km from the 5km section of alcohol content to the Sejong Underground Limit of 436 No. 21 in Suwon-si, Suwon-gu, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, which was under the influence of alcohol content of KRW 0.136%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. The circumstantial statement of the employer, investigation report, and expert report of the employer;

1. Records of judgment: Criminal history records, reply reports, and application of double-class Acts and subordinate statutes of summary order;

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 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 less than that of the crime, but not less than that of the blood alcohol concentration due to the drinking alcohol in this case.

The defendant has been punished for a fine because he/she has already been discovered through drinking driving twice.

However, the Defendant recognized the instant crime and divided his mistake; the Defendant’s drinking driving force has passed since the date of the instant crime; the Defendant did not have any other criminal records other than three times of fine, and there was no record of punishment since 2010; the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, means and consequence, etc.; and the sentence shall be determined as ordered by taking account of various circumstances, which form the conditions for the sentencing indicated in the records, such as the following circumstances.

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