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(영문) 수원지방법원 2020.08.14 2019고단7664
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

The Defendant is driving a motor vehicle under the influence of alcohol on September 20, 2019.

On January 8, 2020, the Suwon District Court received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act.

At around 10:00 on October 6, 2019, the Defendant driven B car under the influence of alcohol with approximately 0.046% of blood alcohol concentration in the front of the oil intersection in the West-si, Ansan-si from the front of the loan road of the member of Ansan-si, and about 5km from the front of the road in the West-si.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and output of a drinking measuring instrument;

1. Previous convictions indicated in the judgment: Indictment (No. 88748 of 2019), criminal records, investigation reports (not before disposition and report on results of confirmation), and application of Acts and subordinate statutes significantly to this court;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant committed the instant crime again within a short time despite the fact that he/she had been punished for drinking driving as stated in its reasoning.

On the other hand, the fact that the defendant recognizes the crime of this case and that the defendant has no record of criminal punishment other than before the judgment is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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