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(영문) 수원지방법원 성남지원 2020.04.28 2020고단260
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On October 19, 2012, the Defendant received a summary order of KRW 1.5 million from the Seoul Western District Court as a crime of violating the Road Traffic Act.

Nevertheless, the Defendant, while under the influence of alcohol at around 00:59 on January 28, 2020, driven the Erocketing car at approximately 20km away from the 20km section of Gwangju City to the front street located in Gwangju City via the vicinity of the wife population mother at the time of Gwangju City, the Defendant violated the prohibition of drinking driving regulations at least twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of criminal records, reply reports, and summary order (30 pages of investigation records) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, driven a car in a state of drinking alcohol level of 0.096% again even though he/she had a record of being punished by a fine due to a drunk driving around 2012.

The main circumstances are to be considered, but the defendant's attitude to recognize and reflect the mistake is to be taken into account, the defendant has no criminal records other than the above previous conviction, and the defendant has no other criminal records, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc. are to be determined as ordered in consideration of the overall circumstances

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