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(영문) 수원지방법원 2020.03.12 2019고단7461
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 August 30, 2013, the Defendant was issued a summary order of KRW 7 million for a fine for the violation of the Road Traffic Act, etc. in the Gyeyang Branch of Suwon District Court.

At around 00:30 on November 15, 2019, the Defendant driven a E-high-est car in a state of alcohol alcohol concentration of about 0.152% at a distance of about 200 meters from the front day of the Heung-gu Seoul Metropolitan Government B to the front day of the Heung-gu D-si D-si, Chungcheongnam-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of a drinking driver) and inquiry into the results of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other 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 order of provisional payment was that the Defendant was punished by a fine due to drunk driving, etc. as stated in its reasoning, and the instant drinking driving was conducted at once, and the blood alcohol concentration level was high and physical damage was also caused. The nature of the crime is not that of the crime.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no criminal record other than the above previous one, etc., the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, distance, and circumstances after the crime.

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