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(영문) 수원지방법원 2020.03.12 2019고단7580
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On October 28, 2019, the Defendant was issued a summary order of KRW 700,000 by the Suwon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

The Defendant, from September 28, 2019 to December 16, 2019, was in the state of suspending the validity of the driver’s license. However, around November 27, 2019, the Defendant driven an Efran vehicle while under the influence of alcohol at approximately 0.158% in the section of about 300 meters from the front of the convenience store to the road in front of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, report on the control of drinking driving, and report on the state of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records of a suspect);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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, even though the defendant was punished by a fine due to driving under the same sea of the same year, committed a second offense during the license suspension period, and the blood alcohol concentration level at the time was considerably high. Considering the fact that the same kind of crime was repeated in a short period, and that the risk of the occurrence of an accident was high, the nature of the crime is not good.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.

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