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(영문) 수원지방법원 안양지원 2020.04.10 2020고정91
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[Criminal Power] On July 19, 2010, the Defendant received a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) from the Changwon District Court's Jinju branch on July 19, 201.

【Criminal Facts】

On October 29, 2019, around 04:59, the Defendant driven C Launa car while under the influence of alcohol concentration of about 0.058% at a five-meter section within the parking lot of the Mayang-gu, Mayang-gu, Mayang-si.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 10 million won to 20 million won;

2. Although the Defendant asserts that a fine of KRW 10 million is excessive, the Defendant once again drives under influence despite the fact that the Defendant had a record of fine twice due to drunk driving; however, in full view of the fact that the distance of driving is not long, there is no previous conviction exceeding the fine, and all the sentencing conditions indicated in the record, it does not seem that the above amount of fine is excessive.

It is so decided as per Disposition for the above reasons.

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