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(영문) 수원지방법원 2020.04.09 2019고단7921
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

【Criminal Power】 On October 19, 2017, the Defendant received a summary order of KRW 1,500,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts of Crimes】 On November 14, 2019, at around 11:30, the Defendant driven a CK5 car under the influence of alcohol content of about 0.119% from the 2km section to the front road of Suwon-si, Suwon-si, Suwon-si, Suwon-si, about 12:00 on the same day.

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: Criminal records, confirmation of criminal records of the same kind, and application of summary orders issued by Suwon District Court 2017 High Court and 3030 High Court 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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant re-offending a crime despite the fact that the Defendant had been punished once due to drunk driving; (b) the blood alcohol concentration is not low; and (c) the occurrence of a traffic accident is unfavorable to the Defendant; (d) the Defendant recognizes and seriously reflects the crime; (c) the Defendant does not cause serious damage due to a traffic accident; (d) the above drinking driving criminal record is a criminal record of a fine; and (e) the fact that there is no special criminal record, etc. are considered favorable to the Defendant; and (e) all other sentencing conditions stated in the records

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