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(영문) 수원지방법원 2020.03.26 2019고단5778
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On January 4, 2016, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 13, 2019, at least 05:55 on September 13, 2019, the Defendant driven Cpod vehicle with a blood alcohol concentration of about 0.204% in the section of approximately 1.5km from the Suwon-si transfer-on to the front line B in Suwon-si, Suwon-si, the Defendant violated the Road Traffic Act (driving on drinking) at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. The written request for appraisal, the written report and the blood alcohol appraisal report;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and lists of related cases;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant re-offending despite the fact that the Defendant had been punished once due to drunk driving; (b) the blood alcohol concentration is very high; and (c) the occurrence of traffic accidents is unfavorable to the Defendant; (d) the Defendant recognizes and reflects the Defendant’s crime; (c) the Defendant does not have any other person due to traffic accidents; (d) the above drinking driving criminal records are criminal records, and there are no special criminal records, etc., taking into account the circumstances favorable to the Defendant; and (e) all the other factors of the sentencing specified in the records

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