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(영문) 수원지방법원 2020.05.15 2019고단8044
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 September 3, 2014, the Defendant received a summary order of KRW 1,500,00 from the Suwon District Court as a crime of violation of the Road Traffic Act.

On December 9, 2019, around 21:38, the Defendant, at the time of Suwon-si, driven a DNA-learning car with a blood alcohol concentration of about 0.054% from around 200 meters to the front day of the same Gu, and was in violation of the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual condition, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment) and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the defendant had a record of being punished for a drunk driving as stated in its reasoning, but again led to the instant crime is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes the crime of this case and that the defendant has no record of criminal punishment exceeding the fine is favorable to the defendant.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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