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(영문) 수원지방법원 성남지원 2020.02.18 2019고단2805
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On August 23, 2011, the Defendant received a summary order of KRW 2.5 million from the Incheon District Court as a crime of violation of the Road Traffic Act.

Nevertheless, at around 06:53 on October 13, 2019, the Defendant, while under the influence of alcohol, 0.109% of blood alcohol concentration, committed a violation of the Regulations on Prohibition of Drinking Driving by driving a horse-off car in the section of about 6 km from the area of the same Gu to the roads near the market in the area of Sampung-dong in Sungnam-gu, Sungnam-si to the same Gu (point at the point of 403.8 km on the side of the border-dong) at least twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to inquiry reports and summary orders;

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, even though having been sentenced to a fine due to a drunk driving in around 2011, once again, driven a car on an expressway in a state that the blood alcohol level of 0.109% is not less exceptionally applied.

It shall be taken into account the fact that the defendant's mistake is recognized, the defendant has no record of criminal punishment, except for the previous convictions due to the previous convictions and the unlicensed drivings, and other circumstances such as the age, character and conduct, environment, motive, means and consequence of the crime, etc. of the defendant, the punishment as ordered shall be determined in consideration of the circumstances after the crime.

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