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(영문) 수원지방법원 2019.08.14 2019고단2375
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

On June 26, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1 million as a fine in the same court on August 28, 2009, respectively.

On May 27, 2019, at around 21:16, the Defendant driven Cmpt vehicles from approximately two kilometers in front of the mutual influence of the wife population, Kim Fran-dong, to the same Gu B while under the influence of alcohol by 0.096% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Details of report on detection of violations of the Road Traffic Act and report thereon;

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

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, and copies of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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 with regard to the crime of this case is that the defendant, who has had a record of driving under drinking not less than twice, drives under the influence of alcohol, and the quality of the crime is not weak.

However, in light of various circumstances, such as the defendant's age, character and conduct, 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 period of drinking driving of the defendant has passed 10 years since the date of the crime of this case; and (c) the defendant has no other criminal records other than two times of fine; and (d) the defendant has the same

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