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(영문) 수원지방법원 2019.11.28 2019고단5077
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 September 29, 2006, the Defendant was issued a summary order of a fine of KRW 3 million at the Suwon District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On August 13, 2019, around 23:28, the Defendant driven a F FMobf car from the front road of the “C” located in Osan City B to the front road located in Osan City D, with approximately 70 meters alcohol concentration of about 0.142% under the influence of alcohol.

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. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: References to criminal records, investigation reports (former and current investigation reports), and copies of summary order Acts and subordinate statutes;

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, despite the fact that the defendant had been punished twice due to drunk driving, repeated the crime, and that blood alcohol concentration is considerably high, etc. that are disadvantageous to the defendant, the fact that the defendant recognized the crime, the fact that the defendant does not have any traffic accident, the fact that the crime was committed, the fact that the above drunk driving was punished by a fine in 200, 200, and 206, and the fact that the driving distance is short, shall be considered as favorable to the defendant, respectively, and the decision is made as per the disposition by taking into account all other factors of sentencing specified in

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