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(영문) 수원지방법원 2020.03.12 2019고단7248
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of nine million won.

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a fine of KRW 3.5 million by the Seoul Northern District Court on December 3, 2013.

【Criminal Facts】

On November 2, 2019, the Defendant, even though he had the alcohol record as above, driven a D Poter II truck owned by the Defendant from the front day of convenience store located in G, G, G, G, G, G, G, G, G, K, G, G, G, G, G, G, G, G, G, K, G, K, G, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K,

Summary of Evidence

1. Defendant's legal statement;

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

1. Results of measurement, etc.;

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 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 defendant recognized the crime and is against the truth-finding, the traffic accident does not occur, the criminal record of the above drunk driving is the criminal record of a fine, and there is no other criminal record, the degree of blood alcohol level is high, and the driving distance is very short, taking into account the circumstances favorable to the defendant, and taking into account all other factors of sentencing specified in the records of the instant case.

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