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(영문) 수원지방법원 2020.01.16 2019고단5915
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On January 7, 2019, the Defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on January 7, 2019.

【Criminal Facts】

On September 19, 2019, the Defendant driven BTrack Motor Vehicle under the influence of alcohol with approximately KRW 0.074% of blood alcohol concentration from around 500 meters to the front road of the Gannung-gu Goung-gu Goak-dong, Gan-si, Goi-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the result of the drinking driving control;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a report on confirmation of the same attached 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 is that the defendant repeats the crime at the time when several months have not elapsed since he had been punished once due to drunk driving, etc., under the circumstances unfavorable to the defendant. Meanwhile, the defendant is admitted to the crime, traffic accident is not committed, the criminal record of the above drunk driving is the criminal record of a fine, and there is no particular criminal record except that, and the fact that the blood alcohol level of the above case has not been high, etc. are considered as favorable to the defendant, taking into account the circumstances favorable to the defendant, and taking into account all the other factors of sentencing

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