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(영문) 수원지방법원 2020.05.15 2020고단291
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 August 19, 2013, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court's Branch on August 19, 2013.

Despite the fact that the Defendant violated the prohibition of drinking alcohol driving, the Defendant driven an Eststren motor vehicle under the influence of alcohol at approximately 1 km from the vicinity of the Suwon-si B Building in Suwon-si to the front of the D cafeteria located in the same Gu, on November 23, 2019, while under the influence of alcohol level of about 0.088%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the status of a drinking driver), notification of the results of the control of drinking driving, and log of measurement records;

1. Previous for judgment: Criminal history records, inquiry reports, previous records of disposition, reports on results of confirmation, and application of Acts and subordinate statutes to copies of summary orders;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the defendant had a record of being punished for a drunk driving as stated in its reasoning, but again led to the instant crime is disadvantageous to the defendant.

The defendant appears to have the attitude to recognize and reflect the crime of this case, and the fact that the defendant has no other record of criminal punishment except for punishment as stated in its reasoning 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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