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(영문) 수원지방법원 2020.04.09 2019고단8310
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[criminal power] On October 31, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 10:30 on December 15, 2019, the Defendant driven a B rocketing car owned by the Defendant in a section of about 500 meters of alcohol alcohol level while under the influence of alcohol with approximately 0.03% of blood alcohol level to the front and rear of the Tue Tricho-song in the west of the west-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, copies of summary order Acts and subordinate 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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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 has a record of being punished for a drunk driving, and since June 25, 2019, the penal provision for a drunk driving was strengthened, and the defendant was also able to easily understand the above circumstances through the media, etc., and there is a need for strict punishment in that he/she was a drunk driving.

However, considering the following circumstances, the Defendant recognized the instant crime and divided his mistake, the blood alcohol content at the time of driving is relatively low, the Defendant has no record of punishment in excess of a fine yet, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined by taking into account the various circumstances that form the conditions for sentencing indicated in the record.

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