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(영문) 수원지방법원 2020.01.30 2019고단6345
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 March 15, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

Around 02:00 on October 3, 2019, the Defendant driven BM car at a section of about 4 km from the front of the Escopic disease station to the front of the Escopic intersection in the Escopic City, while under the influence of alcohol by 0.145%.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of drinking driving control and the result of respiratory measurement;

1. Previous convictions indicated in the judgment: Criminal history records, replys, and application of Acts and subordinate statutes attaching the same summary order;

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 under Article 334(1) of the Criminal Procedure Act requires severe punishment in that the Defendant was punished twice or more, including 2017, and the penal provision for drinking driving has been strengthened since June 25, 2019, and the Defendant was also able to easily understand the above circumstances through the media, etc., even though he was able to easily understand such circumstances.

However, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant recognized the instant crime and divided his mistake; the Defendant has no record of punishment in excess of the fine yet; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.

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