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(영문) 수원지방법원 성남지원 2020.05.28 2019고단3264
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

[Criminal Power] On April 2, 2010, the Defendant received a fine of two million won as a crime of violating the Road Traffic Act (driving) from the Sungnam Branch of Suwon District Court on April 2, 2010

【Criminal Facts】

On November 21, 2019, the Defendant driven a F K5 vehicle under the influence of alcohol content of about 300 meters at a section of about 0.108%, from the road in Seongbuk-gu, Sungnam-si, Sungnam-si, to the road in front of the oil station in Seongbuk-gu, Sungnam-si, the Defendant, despite the power of violating the prohibition of drinking.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, investigation report (report on the status of a drinking driver), inquiry into the results of the crackdown on drinking driving, and inquiry requests for appraisal;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of sound driving records);

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order was that the Defendant had been punished for drunk driving, but again committed the instant crime of drinking driving.

Considering the unfavorable circumstances that the degree of the drinking alcohol concentration, odometer, and danger together with the blood alcohol concentration is not less light, the previous record of the drinking driving is relatively old, and the previous record of the driving of the drinking has no record of punishment exceeding the fine, each of the favorable circumstances will be considered.

In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and means of crime, etc. of the accused, shall be determined as ordered.

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