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(영문) 수원지방법원 2019.11.28 2019고단5309
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[criminal power] On January 22, 2009, the defendant issued a summary order of KRW 700,000 for a fine for a violation of the Road Traffic Act at the Jeonju District Court's Gun mountain support on January 22, 2009, and a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Suwon District Court on June 5, 2009.

【Criminal Facts】

On July 17, 2019, at around 01:54, the Defendant driven a Fspon vehicle in the state of alcohol alcohol concentration of about 0.095% in the direction of approximately 50 meters from the following road in Suwon-si B to the front road in Suwon-si D in Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of records of measurement of drinking alcohol and results of the regulation of drinking driving;

1. Previous records of judgment: Criminal history records, inquiry reports, application of statutes governing judgment;

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 has the history of having been punished two times or more by the defendant for a drunk driving, and since June 25, 2019, the penal provision for a drunk driving was strengthened, and the defendant was also able to easily understand the above circumstances through the media, etc., and there is a need for a strict punishment in that he/she was a drunk driving.

However, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant recognized the instant crime and divided his mistake; the Defendant has no record of punishment in excess of the fine yet; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.

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