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(영문) 수원지방법원 2020.05.08 2019고단7808
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

On November 12, 2007, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Incheon District Court.

Nevertheless, at around 00:17 on November 29, 2019, the Defendant driven BKabbel car at approximately 0.077% of blood alcohol level from the 10km section of the 10km section of the 10km to the east-gu in the Dongwon-gu, Suwon-gu, Suwon-gu, the Suwon-gu, the Seoul Metropolitan Government, to the 922-2 Gu, Dongwon-gu, the Dongwon-gu, the Dongwon-gu.

As a result, although the defendant had a record of punishment for drunk driving, he again carried out a drunk driving and violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1.Notification of records of measurement of drinking alcohol, results of regulation of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of Acts and subordinate statutes of one copy of a summary order;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that there was a history of being punished by a fine twice for the same offense, including the previous conviction in the judgment of the defendant, and that the defendant's blood alcohol concentration at the time of the instant crime is not low is disadvantageous to the defendant.

On the other hand, it is favorable to the defendant that the defendant recognized the crime of this case and that the defendant was punished by a fine as before the judgment in 2007, and that the defendant did not have been punished by drinking driving again until the crime of this case is committed.

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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