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(영문) 수원지방법원 2020.11.13 2020고단5815
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

On November 28, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court due to a violation of the Road Traffic Act.

On August 15, 2020, at around 00:35, the Defendant driven the horse b, under the influence of alcohol concentration of approximately 0.097%, from the public parking lot for viewing water in Suwon-si to the front road for viewing water sources located in the same Dong from the public parking lot for viewing water sources to the front road for viewing water sources in the same Dong.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Notification of records of drinking alcohol measurement, results of the regulation of drinking driving, circumstantial statements of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);

1. Records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

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 with regard to the crime of this case is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not that of the latter.

The defendant has been punished for a fine because he/she has already been discovered through drinking driving twice.

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 period of drinking driving of the defendant has passed at least 11 years from the date of the crime of this case; and (c) the defendant has no other criminal records other than the two times of fine; and (d) the defendant

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