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(영문) 수원지방법원 성남지원 2020.06.02 2019고단3131
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On May 24, 2013, the Defendant received a summary order of KRW 1.5 million from the Seoul Northern District Court as a crime of violating the Road Traffic Act.

Nevertheless, at around 03:00 on November 24, 2019, the Defendant, while under the influence of alcohol of 0.03:00% of blood alcohol content, violated the prohibition on drinking alcohol driving by driving a Fice-type vehicle at a distance of about 20 meters from the front side of “E Licensed Real Estate Agent” located in “Ccafeteria” located in “E” located in “Seoul-si” in “Seoul-si, Sungnam-si,” and at least twice in front of “E Licensed Real Estate Agent.”

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's statutory statement, circumstantial statement, and notification of the result of the crackdown on drinking driving (investigative records 9 pages), such as criminal records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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, driven a car under the influence of alcohol level 0.036% of the blood alcohol level again even though he/she was punished by a fine due to drinking around 2013.

It shall be taken into account the fact that the defendant shows an attitude of recognizing and reflecting the mistake, and there is no other criminal records except for the previous criminal records and the previous criminal records once, and other circumstances such as the age and character of the defendant, the environment, motive, means and consequence of the crime, the punishment as ordered shall be determined in consideration of the circumstances after the crime.

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