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(영문) 수원지방법원 성남지원 2020.01.20 2019고단3075
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[Criminal Power] On October 2, 2008, the Defendant was issued a summary order of KRW 1 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

피고인은 2019. 11. 19. 23:55경 성남시 분당구 황새울로200번길 45에 있는 수내역 앞 도로에서부터 같은 구 B에 있는 C교회 앞 도로에 이르기까지 약 2km 구간에서 혈중알콜농도 0.037%의 술에 취한 상태로 D 팰리세이드 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records);

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 requires strict punishment since the driving of the reason for sentencing of the provisional payment order is highly likely to infringe on the life and property of other persons as well as himself/herself.

However, the Defendant recognized his mistake and reflects the fact that the blood alcohol level of this case is relatively low, the Defendant has no same record except once before and after a fine for drunk driving in 2008, and the Defendant has no record of force other than the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and other circumstances shown in the pleadings, such as the circumstances after the crime, shall be determined as ordered.

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