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(영문) 수원지방법원 2020.09.11 2020고단3738
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

On October 8, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

On May 27, 2020, at around 00:04, the Defendant driven an EM5 car over about 3 km from the roads located in G in G in Young-gu, Young-gu, Young-gu, G in the state of alcohol of 0.142% of alcohol concentration, to the front and rear roads in D apartment complex in the same Gu.

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

Summary of Evidence

1. A written statement of the defendant in court;

1. A report on detection of drunk driving and a report of 112 cases processing;

1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driver, and notification on the results of the crackdown on drinking;

1. Records of judgment: Criminal history records, reply reports, 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 of the provisional payment order 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 less than that of the crime, but not less than that of the blood alcohol concentration due to the drinking alcohol in this case.

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 scrapped the instant vehicle and completed the registration of cancellation; the Defendant did not have any other criminal records other than the aforementioned one time fine; and the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime; and other various conditions of sentencing specified in the record, such as the circumstances after the crime, etc.

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