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(영문) 수원지방법원 평택지원 2020.05.22 2019고단2162
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

On November 16, 2014, the Defendant was sentenced to a fine of KRW 4 million by the Suwon District Court due to a violation of the Road Traffic Act.

On November 23, 2019, at least 23:02, the Defendant, from the vicinity of the B hotel in Ischeon-si, to the bottom of the Dong-dong Highway 274-24, the Defendant driven a Csch Rexton car with a blood alcohol concentration of about 5 Km at about 0.086% and violated the provision on the prohibition of drinking under the Road Traffic Act two times or more.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., an inquiry report, an investigation report (Attachment to a summary order related to the same criminal records), and the application of statutes on attached data;

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. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and the circumstances after the crime.

Circumstances unfavorable: Circumstances that are favorable to the fact that a person drives a motor vehicle again even though he/she has already been punished for a drunk driving: The confession and reflect of the crime.

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