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(영문) 수원지방법원 2020.04.09 2019고단7709
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Justice] On November 13, 2009, the Defendant corrected the issuance date of a summary order from July 16, 2009 to “ July 13, 2009.” The Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court.

【Criminal Facts】

On December 2, 2019, at least 23:55, the Defendant driven a D low-speed car with a blood alcohol concentration of about 0.163% at the section of about 2km from the front of Suwon-si B to the front road of the same Gu C, and conducted a violation of the Road Traffic Act (driving) at least twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. The blood alcohol concentration recorded paper;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (Attachment to the same type of judgment), and application of 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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order has the history of having been punished two times or more by the defendant 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 a strict punishment in that he/she was a drunk driving.

However, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant recognized the instant crime and divided his mistake; the Defendant has no record of punishment in excess of the fine yet; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.

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