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(영문) 수원지방법원 2019.11.28 2019고단5106
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 November 14, 2014, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving on Motor Vehicle) in the Gyeyang Branch of Suwon District Court.

【Criminal Facts】

On August 25, 2019, at around 01:30, the Defendant driven a F-Appurt-pured car owned by the Defendant under the influence of alcohol content of about 0.147% from the 1km section from the front of the Suwon-si C store located in Suwon-si B to the front of D’s E.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of records of measurement of drinking alcohol and results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Confirmation of the same criminal 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 the crime, and the fact that blood alcohol level is considerably high, etc. that the defendant recognized and seriously reflects the crime, the fact that the defendant does not have any traffic accident, the fact that the criminal record of the above drunk driving was a criminal record of a fine, and the fact that the criminal record of the above drunk driving has no record of criminal punishment, etc. are considered in favor of the defendant, respectively, and the decision is delivered as per the Disposition, taking into account

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