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(영문) 수원지방법원 2020.03.16 2019고단7155
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

【Criminal Power】 On July 12, 2019, the Defendant is a person who received a summary order of KRW 1.5 million for a violation of the Road Traffic Act in an Ansan District Court’s Ansan Branch on July 12, 2019.

【Criminal Facts” around 00:20 on November 13, 2019, the Defendant driven a D low-speed car in the state of alcohol alcohol concentration of 0.188% at the 3km section from the flusium to the roads in front of the C elementary school located in the flusium C in the flusium Eup in the flusium-si.

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 in judgment: Criminal records, investigation reports (suspect's records of drinking alcohol), and application of a summary order of 2019 high-pressure gas 823, which is one of the summary orders issued by the Suwon District Court;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include not only a person who has been punished once due to drunk driving, but also a person who has driven a motor vehicle again only several months, but also a person who has a high blood alcohol level and a traffic accident, etc. is disadvantageous to the defendant. Meanwhile, in light of the circumstances unfavorable to the defendant, the defendant is recognized as a criminal act, and the criminal defendant is seriously committed, and there is no special damage due to a traffic accident, and the criminal record of the above drunk driving is the criminal record of a fine, and there is no other criminal record, etc. shall be considered as favorable to the defendant, taking into account the circumstances favorable to the defendant, and taking into account all other conditions of sentencing

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