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(영문) 수원지방법원 2019.11.22 2019고단5136
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 May 23, 2013, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for a violation of the Road Traffic Act, and on July 23, 2014, the Defendant was issued a summary order of KRW 2.5 million by the Suwon District Court for a violation of the Road Traffic Act.

On August 29, 2019, around 06:15, the Defendant driven the Eland knife under the influence of alcohol concentration of approximately 0.047% from the front of the road located in G, the wife population B, not later than the 5km, in the direction of about 0.047% from the direction of the 5km.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Statement on the circumstances of a drinking driver, investigation report (report on the status of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Records of judgment: Criminal history records, reply reports, and application of double-class Acts and subordinate statutes of summary order;

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 of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case on the ground of sentencing order of provisional payment order is that the defendant, who has a record of driving under influence of alcohol, re-driving, and the nature of the crime is not less than that of the crime, and the defendant has already been punished twice due to drinking driving.

However, the defendant recognized the crime of this case and divided his mistake, the blood alcohol concentration due to the drinking of this case is not high, and the defendant seems to have been driving of this case under the circumstance that the defendant was under the situation that she was under the situation that she was under the circumstance that she was under the circumstance that she was under the circumstance that she was under the circumstance that she was under the circumstance that she was under the circumstance that she had no other criminal records other than the above 2-time fine, the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result, etc.

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