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(영문) 수원지방법원 성남지원 2018.12.20 2018고단2047
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On June 30, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Seoul Central District Court on the same day, and KRW 1 million as a fine in the Sungnam Support of Suwon Friwon, which was issued on September 16, 2009.

[Criminal facts] On September 8, 2018, the Defendant driven D Launa car while under the influence of alcohol content of 0.109% in the blood 50 meters away from the 50-meter section near the roads adjacent to the Mag-gu Magnam-si, Magnam-gu, Magnam-gu.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol even though the Defendant violated the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative report, and inquiry into the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of driving under the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order requires strict punishment as an offense that may infringe not only the driver but also the lives and bodies of citizens who use the road.

Although the defendant's crime of violation of the Punishment of Violences, etc. Act (a group deadly weapon, etc.) is longer during the period of repeated crime, his/her mistake is seriously reflected, and the punishment shall be determined as ordered in consideration of the gap between the previous conviction and the crime of this case, the distance of driving, the circumstances, etc.

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