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(영문) 수원지방법원 2020.04.09 2019고단8340
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On October 19, 2016, the Defendant received a summary order of KRW 5 million from the Suwon District Court as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant violated the prohibition of drinking driving regulations as above, the Defendant again driven DK5 cars in the state of drinking alcohol concentration of about 0.234% at the three-meter section before the C judicial scrivener office, which was located in Suwon-si B, Suwon-si around September 15, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (Calculation of blood alcohol concentration);

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (a copy of summary order);

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 has a record of being punished for a drunk driving in 2016, and the penal provision for a drunk driving was strengthened since June 25, 2019, and the Defendant was also able to easily contact the above circumstances through the media, etc., and there is a need to impose severe punishment in that the blood alcohol level at the time of driving is considerably high.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, the distance of driving is short, the defendant has no record of punishment yet to be punished by a fine, and other various circumstances, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment as ordered, shall be determined by taking into account the following circumstances.

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