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(영문) 수원지방법원 2019.10.31 2019고단4813
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On October 1, 2010, the Defendant was issued a summary order of KRW 4 million by the Suwon District Court on the grounds of a violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 24, 2019, the Defendant was under the influence of alcohol of 0.179% in blood alcohol concentration on August 24, 2019, and the Defendant driven a DNA-learning car within approximately three kilometers in the direction of approximately three kilometers in the front line B located in Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of the drinking driving control;

1. Previous convictions indicated in the judgment: Criminal history records, repeated statements (A), investigation reports (Attachment of a copy of summary order of the same kind of case), - Application of one copy of summary order Acts and subordinate statutes;

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 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 has the history of having been punished two times or more by the defendant for a drunk driving, and since June 25, 2019, the penal provision for a drunk driving was strengthened, and the defendant was also able to easily understand the above circumstances through the media, etc., and there is a need for a strict punishment in that he/she was a drunk driving.

However, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant recognized the instant crime and divided his mistake; the Defendant has no record of punishment in excess of the fine yet; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.

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