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(영문) 수원지방법원 평택지원 2020.06.16 2020고단559
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On January 12, 2010, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Site.

【Criminal Facts】

At around 21:00 on February 18, 2020, the Defendant driven a Crane car under the influence of alcohol concentration of 0.089% at the 10m section of Pyeongtaek-si roads.

Accordingly, the Defendant violated the prohibition of drinking under the influence of alcohol twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driver, and notification of the results of crackdown on drinking;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of criminal records of the same kind as a suspect),- Application of one summary order 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 of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order was punished as a fine due to drinking driving in the year 2009.

However, the defendant is deeply divided into his mistake, and there is no record of punishment in addition to once a fine due to existing drinking driving.

In addition to these circumstances, the punishment as ordered shall be determined by comprehensively taking into account various sentencing factors, such as the time interval between the previous drinking driving time and the previous driving time, the driving distance, driving distance, the defendant's age, character and conduct, environment, family relationship, etc., and the circumstances after the crime.

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