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(영문) 수원지방법원 2019.11.28 2019고단4592
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On July 18, 2018, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 10, 2019, at around 16:45, the Defendant driven a BA-purd-purn vehicle with approximately 10km alcohol concentration of 0.082% under the influence of alcohol level from the main point of the trade name in Ansan-si, Ansan-si to the 289-28 C-hurd-si B-hurd-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statements of a drinking driver, notification of the results of crackdown on drinking driving, and investigation report on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of suspect's same kind of power);

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 is that the Defendant, in 2018, had a record of criminal punishment for drunk driving, was running under the influence of alcohol in this case, and the statutory penalty is increased, and the quality of the crime is not exceptionally considering the purport of the amendment.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no record of criminal punishment except the above previous case, the defendant's age, attitude, environment, driving background and distance, blood alcohol concentration level, circumstances after the crime, and various sentencing conditions shown in the records and arguments, the punishment shall be determined as ordered.

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