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(영문) 수원지방법원 2020.04.03 2019고단8237
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

On August 17, 2006, the Defendant was issued a summary order of KRW 500,000 as a crime of violation of the Road Traffic Act ( sound driving) at the wooden Branch of the Gwangju District Court. On March 9, 2007, the Defendant was issued a summary order of KRW 1,50,000 as a fine for the same crime at the Suwon District Court. On May 27, 2013, the Defendant was issued a summary order of KRW 3 million as a fine for the same crime.

On November 22, 2019, at around 22:15, the Defendant driven a Grandroth under the influence of alcohol concentration of 0.125% in a section of approximately one meter prior to the Suwon-si, Suwon-si B.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The circumstantial statement statement, investigation report, and report on the entry into an immigration driver;

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.

The defendant has been punished for a fine because he/she was found to drive under drinking three times.

However, in light of various circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result of the crime, etc., the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant recognized the crime of this case and divided his mistake; (b) the distance of the defendant's drunk driving is short; and (c) twice the defendant's drinking driving force has passed since the date of the crime of this case; and (d) the defendant's age, character and behavior

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