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(영문) 수원지방법원 2020.01.09 2019고단5543
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On September 7, 201, the Defendant was issued a summary order of KRW 1,500,000 by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 20, 2019, at around 01:00, the Defendant driven a DNA car with a blood alcohol concentration of about 0.170% from the parking lot of the second floor of the plaza, which is located in the return fluent city, to the front road of the Chigh School located in the same city B.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notice of the results of drinking driving control and output thereof;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order committed a second offense despite the fact that the defendant had been punished once due to drunk driving, and the blood alcohol concentration is considerably high, and traffic accidents occur, etc. are disadvantageous to the defendant. Meanwhile, the judgment is rendered in full view of all the other factors indicated in the records of the instant case including the following: the defendant's criminal records are recognized and seriously reflected by the defendant; the criminal records of the above drunk driving are criminal records; there are no criminal records; the victim only caused physical damage due to traffic accidents; the victim is not subject to criminal punishment; the defendant's family members and siblings want to take the defendant's preference; the defendant's family relations and occupation are considered as favorable to the defendant; and all other factors indicated in the records of the instant case are considered as ordered.

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