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(영문) 수원지방법원 2020.06.19 2020고단1647
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 April 4, 2011, the Defendant had been under the summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act at the Sungwon District Court's Sungnam branch. However, on March 11, 2020, at around 03:37, the Defendant driven a bbenz car with blood alcohol concentration of approximately 0.119% in the section of approximately 3km from the string line to the intersection of the shooting distance in the front of the Sejong-si East East East-si.

Summary of Evidence

1. Report on the occurrence of defendant's legal statement (Violation of the Road Traffic Act);

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), investigation report (specific distance of driving of a suspect);

1. Records of judgment: Application of criminal records, inquiry reports, and summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to the drinking alcohol in this case.

However, the defendant recognized the crime of this case and divided his mistake, the defendant's drinking driving record has passed nine years since the date of the crime of this case, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result of the crime of this case, and other circumstances which form the conditions of sentencing as shown in the records, such as the circumstances after the crime, shall be determined as the sentence as ordered.

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