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(영문) 수원지방법원 2020.05.15 2019고단7617
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On September 9, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

At around 02:09 on November 15, 2019, the Defendant, as a person who violated the regulations on the prohibition of drunk driving, drives D Kan-Paf car under the influence of alcohol concentration of approximately 0.148% at the 15km section from the front of the 620 Seocho-si’s “the beginning area” to the front of the 620-gu Suwon-si, Suwon-si, Suwon-si’s “Cn-si station” located in Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (prior records of a suspect's drunk driving);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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 is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to the drinking alcohol in this case.

In light of the fact that the defendant's drinking driving of this case caused significant damage to the road boundary stone by shocking the road boundary during the driving of this case, the driving of this case seems to have not many risks.

However, the defendant recognized the crime of this case and divided his mistake, the defendant did not have any other criminal records other than the above one-time fine, the defendant's drinking driving record has passed more than eight years since the date of the crime of this case, and the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, means and result, etc., and the punishment as ordered shall be determined by taking into account the various circumstances, which are the conditions of sentencing as shown in the record, such as the circumstances after the crime,

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