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(영문) 수원지방법원 성남지원 2020.02.20 2019고단3087
도로교통법위반(음주운전)
Text

A defendant shall be punished by a fine not exceeding 12 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

[Criminal Power] On September 28, 2016, the Defendant received a fine of five million won for a violation of the Road Traffic Act (driving) from the Ulsan District Court.

【Criminal Facts】

On October 20, 2019, at around 05:27, the Defendant, despite the power of violating the regulations on prohibition of drunk driving, driven C Lata car in the state of drunk alcohol with approximately 14 km alcohol concentration of about 0.159% from the 14km section from the G city B and the front road in the direction of Gwangju city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. On-site photographs;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Selection of a fine by taking into account all the circumstances, such as the pertinent legal provisions on criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the selection of a fine (the punishment for a crime, such as the details of criminal conduct, shall not be light, but the punishment for a crime, other than that of the judgment, has no same kind of power other than that of the judgment, and the defendant repents in depth, but the amount of fine corresponding to the liability shall be set in consideration of the degree

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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