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(영문) 수원지방법원 2020.04.24 2019고단7166
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 August 6, 2015, the Defendant received a summary order of KRW 4 million from the Suwon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 19, 2019, at around 16:04, the Defendant driven an Eflor vehicle while under the influence of alcohol leveling 0.142% at approximately 600 meters from the C Bank parking lot located in Suwon-si B to the front road of the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on confirmation of occurrence of the case, report on detection of the driver, report on the circumstantial statement of the driver, and investigation report (report on the circumstances of the driver);

1. Photographs and image photographs;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;

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 defendant's provisional payment order is that the defendant's blood alcohol concentration is high at the time of committing the crime of this case, and that the defendant again committed the crime of this case even though he had the record of punishment for drinking driving, is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case, the distance of the defendant's drunk driving is relatively short, and that the defendant has no record of punishment until the crime of this case after being sentenced to a fine in 2015 as stated in its reasoning, 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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