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(영문) 수원지방법원 2020.02.13 2019고단6798
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On June 19, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 22, 2019, at around 23:40, the Defendant driven a D G70 car in the state of alcohol alcohol concentration of approximately 0.8km from the G hotel in Suwon-gu to the front road of the same city-line C building at approximately 2.8km.

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 the record of respiratory measurement;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);

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 fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order committed a second offense despite the fact that the defendant had been punished once due to drunk driving, etc. is disadvantageous to the defendant. Meanwhile, the fact that the defendant recognized the crime and is against the truth-finding, the traffic accident did not occur, the criminal record of the above drunk driving is the criminal record of a fine for 2007, and there is no particular criminal record, and the fact that the above criminal record does not have any other criminal record, and the degree of blood alcohol level is not high shall be considered as favorable to the defendant, and it is so decided as per Disposition by taking into account all other factors for sentencing

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