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(영문) 수원지방법원 2019.11.28 2019고단4677
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On October 10, 2013, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act, in the Gyeyang Branch of Suwon District Court.

【Criminal Facts】

On August 21, 2019, at around 00:50, the Defendant driven a DNA rocketing car under the influence of alcohol with approximately 0.169% alcohol concentration from the 1km section to the front parking lot of the Gu B apartment C-dong, from the roads adjacent to the Kurow-gu, Suwon-si, Suwon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification of the results of the regulation of drinking driving, and record of measurements;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);

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 of Article 334(1) of the Criminal Procedure Act is that the Defendant, even though previous and one time, was driven under the influence of alcohol in this case, and the statutory penalty is raised, and the nature of the offense is not somewhat weak considering the purport of the amendment.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no record of criminal punishment except the above previous and criminal punishment, the defendant's age, attitude, environment, driving background and distance, blood alcohol concentration level, circumstances after the crime, etc., various sentencing conditions shown in the records and arguments shall be determined as ordered.

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