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(영문) 수원지방법원 2020.05.14 2019고단8333
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On December 27, 2016, the Defendant was issued a summary order of a fine of one million won at the Suwon District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On November 22, 2019, at around 20:57, the Defendant driven Cho-do in the state of alcohol with approximately KRW 7 km alcohol concentration of about 0.038% in the section from the front of the 126th trade distance to the front road of the same Gu.

In the end, the Defendant was making a drinking twice or more times.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order 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 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 fact that the defendant recognized the crime and is contrary to the truth, 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, and the fact that the blood alcohol level is low, etc. are considered as favorable to the defendant, taking into account the circumstances favorable to the defendant, and taking into account all other sentencing conditions stated in the records of this case.

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