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(영문) 수원지방법원 2020.05.08 2019고단7954
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 8, 2008, the Defendant was issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act in the Sung-nam branch of Suwon District Court.

On December 12, 2019, the Defendant, at around 23:45, operated B B bentts in the state of alcohol concentration of about 0.198% at around 700 meters prior to the head of the civil defense education office in the area of approximately 1128 meters on the road near the Suchip transfer road in Suwon-si, Suwon-si, Suwon-si, and committed a violation of the Road Traffic Act (driving) at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;

1. Records of judgment: Criminal history records, inquiry reports, and application of court rulings or statutes;

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 of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the defendant, who has a record of driving a drunk, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but the result of the blood alcohol concentration due to drinking in this case is higher.

However, in light of various circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result of the crime, etc., the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant recognized the crime of this case and divided his mistake; (b) the defendant did not have any other criminal records other than the above one-time fine; and (c) the defendant's drinking driving record has passed at least 11 years since the date of the crime of this case; and (d)

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