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(영문) 수원지방법원 평택지원 2020.05.22 2019고단2147
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On August 1, 2014, the Defendant was sentenced to a fine of KRW 3 million for the violation of the Road Traffic Act in the Suwon District Court's Pyeongtaek site.

On December 13, 2019, at around 23:12, the Defendant violated the prohibition of drinking under the Road Traffic Act two times or more by driving a DNA motor vehicle under the influence of alcohol level of about 0.065% from approximately 20 meters from Pyeongtaek-si B to the front road of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (report on confirmation of criminal records of the same criminal case as a suspect), and application of statutes on attached data;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The circumstances that are favorable to the fact that he/she re-driving even though he/she had already been punished for driving under the influence of alcohol: The confession and reflect of the crime; the blood alcohol concentration level at the time of detection is not high and the driving distance is not long; there is no other criminal power except before the judgment.

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