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(영문) 수원지방법원 2020.05.21 2019고단7546
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[criminal power] On November 28, 2008, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court as a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 26, 2019, at around 13:24, the Defendant driven an Epic vehicle from the front side of the Gyeonggi Franc Zone B to around 200 meters from the front side of the Gyeonggi Franc Zone B to the front side of the same Gu, while under the influence of alcohol concentration of 0.127%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records and investigation reports (former and previous records)-related Acts and subordinate statutes;

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 a crime despite the fact that the Defendant had been punished once due to drunk driving; and (b) the fact that the blood alcohol level was not low; (c) the Defendant recognized the Defendant’s crime; (d) the Defendant does not have any traffic accident; (e) the previous conviction is a criminal record of a fine of 2008; and (e) there is no particular criminal record; and (e) the fact that the driving distance is relatively short, the circumstances favorable to the Defendant should be taken into account in favor of the Defendant; and (e) all other sentencing conditions indicated in the records of the instant case.

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