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(영문) 수원지방법원 2020.05.15 2019고단7180
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

On October 29, 2010, the Defendant received a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (driving) from the Goyang branch court of the Jung-gu District Court on October 29, 2010.

On November 10, 2019, at around 00:58, the Defendant driven an Eco-sports car in the state of alcohol alcohol concentration of about 0.124% at a distance of about 800 meters from the vicinity of the Suchip Transfer-dong in Suwon-si to the front day of the same water viewing.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

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

1. Even though the defendant had been sentenced to a fine twice due to drinking driving as well as the previous conviction in the sentencing of Article 334(1) of the Criminal Procedure Act, the fact that the defendant again committed the instant crime is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case, and that the defendant was punished by a fine on October 29, 2010 and that there was no record of punishment from the punishment to the crime of this case is favorable to the defendant.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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