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(영문) 수원지방법원 2019.09.27 2019고단4108
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On February 3, 2010, the defendant was issued a summary order of KRW 2 million for the violation of the Road Traffic Act at the Eunpyeong District Court's Eunpyeong site.

On July 21, 2019, at around 03:25, the Defendant driven a B car under the influence of alcohol with approximately 800 meters alcohol concentration of about 0.189% from the front of the 00am terminal located on the side of the wife population, to the front road of the 00amam death distance in the same side.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation:

1. Report on the circumstantial statement of a drinking driver, and output of a drinking measuring instrument;

1. Records of judgment: Application of criminal records, reply reports, investigation reports (report on the confirmation of the same kind of power) and 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 of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the defendant, who has a record of driving a drunk, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but the result of the blood alcohol concentration due to drinking in this case is higher.

However, the defendant recognized the crime of this case and divided his mistake, the defendant's drinking driving record has passed nine years since the date of the crime of this case, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result of the crime of this case, and other circumstances which form the conditions of sentencing as shown in the record, such as the circumstances after the crime, shall be determined as the sentence as ordered.

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