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(영문) 수원지방법원 2020.05.08 2020고단187
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

On September 25, 2014, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court as a crime of violation of the Road Traffic Act.

On December 20, 2019, at around 23:22, the Defendant driven a BNs G70 car at a distance of approximately 1km from the front of the Cheongsung-dong 590-52, to the front of the Cheongsung-dong 590-52, while under the influence of alcohol content of about 0.116%.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes the Defendant’s crime of this case, and the fact that the Defendant has no record of criminal punishment other than punishment as stated in its reasoning is favorable to the Defendant.

On the other hand, even though the defendant had the record of punishment for drinking driving, the fact that the defendant again committed the crime of this case is disadvantageous to the defendant.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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