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(영문) 수원지방법원 2020.06.04 2019고단8386
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On January 26, 2007, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 31, 2019, at around 19:26, the Defendant driven a 0.170% alcohol level, and a d lusium 5 km from the upper end to C’s upper end of the back of the 19:19-26 line.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report, and notification of the results of the regulation 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 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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant was punished twice by a fine due to drunk driving, and the blood alcohol concentration level at the time was significantly high. Considering the risk of the occurrence of the accident and the purport of the amendment of the Act increased by statutory penalty, the nature of the crime is somewhat weak.

subsection (b) of this section.

However, considering the fact that the defendant is led to confession and reflect, and that it has been relatively old compared to the above previous one, the defendant's age, attitude, environment, driving background and distance, blood alcohol concentration level, circumstances after the crime, the prosecutor's old sentence, etc., the punishment shall be determined as ordered by taking into account various sentencing conditions shown in the records and arguments.

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