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(영문) 수원지방법원 2020.02.06 2019고단6200
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On June 27, 2018, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Suwon District Court.

【Criminal Facts】

On September 20, 2019, at around 05:02, the Defendant driven an E-to-purd motor vehicle with approximately KRW 760 meters alcohol concentration at approximately 0.111% while under the influence of alcohol at approximately 0.11% from the section of approximately 760 meters before the “D Child Care Center” located in the same Gu C.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes of one summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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 committed a second offense despite the fact that the defendant had been punished once due to drunk driving. The fact that blood alcohol level is considerably high is unfavorable to the defendant. Meanwhile, the defendant recognized the crime, while the defendant is in a serious reflection against the truth, and the traffic accident is not committed, and the criminal record of the above drunk driving is not committed, and the fact that there is no particular criminal record other than it, etc. are considered as favorable to the defendant, and the decision is delivered as per Disposition by taking into account the circumstances favorable to the defendant. All other sentencing conditions

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