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(영문) 수원지방법원 2020.01.31 2019고단6460
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 17,000,000.

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

Reasons

Punishment of the crime

On May 9, 2007, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court of Jung-gu on May 9, 2007.

On October 14, 2019, at around 01:50, the Defendant driven an Eststren vehicle from approximately 300 meters away from the 300-meter section to the Dystring road located in C, in the state of drunk alcohol concentration of 0.101%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of a violation of the Road Traffic Act;

1. 12 Incident report-related table;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Records of judgment: Application of criminal records, inquiry reports, investigation reports (criminal records and confirmation of criminal records of the same kind of suspect) and Acts and subordinate statutes;

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 of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case 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 that of the latter.

The defendant has been subject to punishment for being found to drive under drinking twice.

However, considering various circumstances, such as the defendant's recognition of the crime of this case and the fact that the defendant's drinking driving force has passed more than 12 years from the date of the crime of this case, the defendant still has no record of punishment heavier than a suspended sentence, the defendant is a disabled person of Grade II with kidne disorder, and the defendant's age, health status, personality and behavior, environment, motive and circumstance of the crime, means and result, etc., and the conditions of sentencing as shown in the records, such as the circumstances after the crime of this case, the punishment shall

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