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(영문) 수원지방법원 2020.05.22 2020고단408
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

[Criminal Power] On October 29, 2009, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court.

【Criminal Facts】

On December 15, 2019, the Defendant driven a string C spke vehicle with a 3m alcohol level of 0.123% alcohol level while under the influence of alcohol at the parking lot for the flue B building in Yongsan-si.

In the end, the Defendant was making a drinking twice or more times.

Summary of Evidence

1. Defendant's legal statement;

1. Materials output as a result of the measurement of drinking alcohol, the circumstantial statement of a drinking driver, investigation report (report on the circumstances of the drinking driver), and the report on traffic accidents (report on the actual condition of the drinking driver);

1. Documents related to the report of the investigation, and site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. The defendant's reasons for sentencing of Article 334 (1) of the Criminal Procedure Act in the order of provisional payment, even though he had the record of punishment for drinking driving like the previous conviction in the judgment, again leads to the crime of this case is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes the crime of this case is favorable to the defendant.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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