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(영문) 수원지방법원성남지원 2020.08.13 2020고단1085
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On December 4, 2017, the Defendant was issued a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act in the Sung-nam branch of Suwon District Court.

Criminal facts

On March 22, 2020, at around 03:40, the Defendant driven a car with low alcohol level 0.114% under the influence of alcohol at approximately 1km from the roads near the Yeongdeungpo-gu Kaf-dong Kaf-gu Seoul Metropolitan Government to the roads near the Young-si Kaf-dong Kaf-gu B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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 was that the Defendant had been punished for drunk driving, but again committed the instant crime of drinking driving.

In light of the fact that drinking driving has been repeated for a long period of time, the degree of drinking, and the fact that the dangers were not much dangerous due to the locked while driving, it shows an attitude against it, and it is advantageous to the fact that there was no previous conviction in addition to the force of drinking driving.

In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and means of crime, etc. of the accused, shall be determined as ordered.

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