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(영문) 수원지방법원 2020.05.08 2019고단8051
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 October 5, 2015, the Defendant was issued a summary order of KRW 3 million by the Jeonju District Court for the crime of violation of the Road Traffic Act.

On November 29, 2019, at around 22:17, the Defendant: (a) was under the influence of alcohol with a blood alcohol concentration of 0.103%; (b) but (c) was under the influence of alcohol, and (d) driven a motor vehicle at approximately 500 meters away from the front of the frequency before the Daejeon Embial Zone where the trade name in the enclosed-gu is unknown, to C next road located in B, while driving the motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant has no other criminal records except for the two-time fine, and that there is no other criminal records, 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 by taking into account the various circumstances that form the conditions of sentencing as shown in the records, such as the following circumstances

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