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(영문) 수원지방법원 2020.05.22 2019고단8160
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

On November 25, 2013, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act.

Nevertheless, at around 22:29 on December 11, 2019, the Defendant driven a F rocketing car with approximately 600 meters alcohol concentration 0.103% under the influence of alcohol level from the 600-meter section to the roads adjacent to C in Young-si, Suwon-si B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of Acts and subordinate statutes of one copy of a summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that even though the defendant had a record of being punished for drunk driving, he again led to the instant crime, and that there is no motive or circumstance to consider the commission of the instant crime is disadvantageous to the defendant.

On the other hand, the defendant appears to have the attitude of recognizing and opposing the crime of this case, the defendant's cancellation of the registration of a vehicle provided in this case, etc., and the fact that there is no other history of criminal punishment except for punishment of a fine once due to drinking driving as stated in the judgment of the defendant is favorable to the defendant.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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