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(영문) 수원지방법원 2019.11.28 2019고단5343
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

[Criminal Power] On September 11, 2013, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the Daejeon District Court’s Branch on September 11, 2013.

【Criminal Facts】

On September 4, 2019, at around 23:45, the Defendant again driven a DNA-learning car under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.152% in a section of approximately 200 meters in the front and rear in Suwon-si, Suwon-si, Suwon-si.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Notice of the results of the drinking driving control and a measuring record;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

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 a record of being punished 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 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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