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(영문) 수원지방법원 성남지원 2020.04.29 2019고단3109
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[criminal power] On November 21, 2013, the Defendant was issued a summary order of KRW 1.5 million by the District Court of Jung-gu as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On November 5, 2019, at around 23:33, the Defendant driven a B low-speed typon vehicle while under the influence of alcohol with approximately 0.135% alcohol level at approximately 40 meters in the camping tower in the 1st century-dong 364-2, Seongbuk-gu, Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents (1) (2), reports on the occurrence of traffic accidents, reports on the circumstantial statements of drinking drivers, and reports on the results of the regulation of drinking driving;

1. Previous convictions in judgment: Application of one copy of the criminal records and summary order;

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 of Article 334(1) of the Criminal Procedure Act on the provisional payment order is not only a crime that is highly likely to infringe on the life and property of others, and thus, it is highly necessary to strictly punish the defendant, and the blood alcohol concentration of the defendant is relatively high.

However, considering the fact that the defendant recognized his mistake and reflects, that the defendant would not drive under the influence of alcohol again, that the defendant has no criminal records due to the drunk driving except for one time before and after a fine for a drunk driving in 2013, and that there is no other criminal records due to the drunk driving, the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and other circumstances shown in the arguments, such as the circumstances after the crime, the punishment as ordered shall be determined.

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