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(영문) 수원지방법원 2020.05.21 2019고단7479
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13 million.

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

Reasons

Punishment of the crime

On August 1, 2008, the Defendant issued a summary order of KRW 1.5 million at the Seoul Northern District Court as a crime of violation of the Road Traffic Act.

At around 23:50 on September 20, 2019, the Defendant driven a FK9 car at approximately 1 km section in the front of the E High School located in the E-high school located in the E-high zone B in Suwon-si, Suwon-si, in a state of alcohol of 0.134% of blood alcohol concentration.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

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: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of sound driving records);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, despite the fact that the defendant had been punished once due to drunk driving, repeated again, blood alcohol concentration is considerably high, and traffic accidents occur, etc., under the circumstances unfavorable to the defendant. Meanwhile, the defendant's previous conviction is recognized and seriously contradictory to the defendant. The above previous conviction is a criminal record of a fine of 2008, and there is no special criminal record, and there is no minor physical damage due to traffic accident, and the damage was recovered, etc. shall be considered as favorable to the defendant, and shall be determined as per the disposition in full view of all other factors of sentencing specified in the records of this case.

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