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(영문) 수원지방법원 2020.05.21 2019고단7614
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

On March 20, 2019, the Defendant was issued a summary order of KRW 1,50,000 by the Suwon District Court as a crime of violation of the Road Traffic Act.

Nevertheless, at around 22:18 on Nov. 21, 2019, the Defendant driven E E E E-cub-car at a section of about 500 meters from the vicinity of E to D, while under the influence of alcohol 0.16% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the investigation report, and the written appraisal of blood alcohol;

1. Previous records: Application of criminal records, inquiry reports and summary order-related 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 provisional payment order is that the Defendant was punished by a fine due to drunk driving in 2019, and the instant drinking driving was conducted within a short time at the time, and the blood alcohol concentration level at the time was considerably high, and the liability for the crime is not somewhat weak, and it seems that the awareness of the danger of drunk driving is also insufficient.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.

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