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(영문) 수원지방법원 2019.10.31 2019고단4502
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On October 12, 2017, the Defendant was issued a summary order of KRW 3 million at the Suwon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 9, 2019, at least 03:10 on August 9, 2019, the Defendant driven a C Sti-type car with a blood alcohol concentration of about 0.088% at a section of about 10km from the Kaf-dong located in Suwon-si to the front road in Suwon-si, Suwon-si, Suwon-si, and operated the C Sti-type car at least twice in violation of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (Attachment to the same type of judgment), and application of 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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being punished for a drunk driving, and since June 25, 2019, the penal provision for a drunk driving was strengthened, and the defendant was also able to easily understand the above circumstances through the media, etc., and there is a need for strict punishment in that he/she was a drunk driving.

However, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant recognized the instant crime and divided his mistake; the Defendant has no record of punishment in excess of the fine yet; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.

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