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(영문) 수원지방법원 2020.01.31 2019고단6051
도로교통법위반(음주운전)
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

On July 23, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

On October 9, 2019, at around 00:25, the Defendant driven a e-learning car owned by the Defendant under the influence of alcohol concentration of approximately 0.210% from a 500-meter section from the roads near the Young-gu, Suwon-si B, Suwon-si to the front roads located in the same Gu C to D in the same Gu.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Records of judgment: Application of criminal history records, inquiry reports, and investigation reports (verification of the same type of crime records) Acts and subordinate statutes;

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 of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the defendant, who has a record of driving a drunk, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but it is very high in the blood alcohol concentration due to the drinking of this case.

However, it is against the defendant's recognition of the crime of this case, the defendant seems to have scrapped the present vehicle of this case, the defendant's drinking driving record has passed for more than nine years from the date of the crime of this case, and the defendant has no other criminal records other than two times prior to the crime of this case, and the defendant has no other criminal records, and the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, means and result, etc., the punishment as ordered shall be determined by taking into account the various circumstances that are conditions

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