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(영문) 수원지방법원 2019.10.17 2019고단4092
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On December 30, 2010, 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 July 21, 2019, at around 22:00, the Defendant driven a C Car under the influence of alcohol content of about 0.126% from the 2K-distance section from the front side of the Cuk-si to the front side of the Czesung-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (verification reports of the same kind of power), and application of Acts and subordinate statutes of the 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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being punished for a drunk driving, and since June 25, 2019, the penal provision for a drunk driving was strengthened, and the defendant was also able to easily understand the above circumstances through the media, etc., and there is a need for strict punishment in that he/she was a drunk driving.

However, in light of the fact that the Defendant recognized the instant crime and divided his mistake, and other circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the punishment as ordered, shall be determined by taking into account the various circumstances that form the conditions of sentencing as shown in the record, such as the circumstances after the

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