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(영문) 수원지방법원 안양지원 2019.10.10 2019고단1575
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 April 5, 2017, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Gyeyang Branch of Suwon District Court.

On July 17, 2019, around 06:36, the Defendant driven DM5 vehicles under the influence of alcohol by 0.097% in blood alcohol concentration from the public parking lot to the Csanbu and the front road located in the same Gu B from the public parking lot to the 1.5km.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. On-site photographs and CCTV closures;

1. Previous records before ruling: Criminal records, inquiry reports, application of criminal records, and summary order-related Acts and subordinate statutes;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant, even though he/she was previous, was driving again within a short period.

Considering the risk of drinking driving and the level of drinking alcohol of the accused, the quality of the accused's crime is not good.

A favorable circumstances: The defendant is recognized as committing a crime and is against the defendant.

Family members and branch members of the defendant want to be shotly the defendant's wife.

In addition to the above fines once, there is no other force on criminal punishment.

The punishment shall be determined in consideration of the following circumstances, such as the age, character and conduct, family relationship, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.

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