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(영문) 수원지방법원 성남지원 2020.02.12 2019고단3052
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal power] On December 21, 2015, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act in the Sungnam Branch of Suwon District Court on December 21, 2015.

【Criminal Facts】

On December 1, 2019, at around 23:40, the Defendant driven a car on the B in the state of alcohol alcohol concentration of approximately 100 meters from a section around 100 meters away from the active road near the Seo-gu Seog-gu, Seongbuk-gu, Sungnam-si to the underside of the same Dong.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and the circumstantial statement of a drinking driver;

1. Previous convictions in judgment: Application of criminal records and summary order Acts and subordinate statutes;

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 of Article 334(1) of the Criminal Procedure Act requires strict punishment since the driving of the reason for sentencing of the provisional payment order is highly likely to infringe on the life and property of other persons as well as himself/herself.

However, the defendant recognized his mistake and reflects, and the defendant has no criminal records other than once before and after a fine for drunk driving in 2015, and other circumstances revealed in the arguments, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, etc., the punishment as ordered shall be determined by taking into account the following circumstances.

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