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(영문) 수원지방법원 성남지원 2020.06.11 2020고단1194
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On May 25, 2017, the Defendant was sentenced to a fine of 1.5 million won by the District Court of the Republic of Korea on May 25, 2017.

【Criminal Facts】

On April 8, 2020, at around 02:37, the Defendant driven a D-hurd-hurd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-

Accordingly, the defendant has driven a motor vehicle while under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, notification of the results of the drinking driving control, and photographs on the control site;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

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 was that the Defendant had been punished for drunk driving, but again committed the instant crime of drinking driving.

Considering the fact that a person commits a crime for drinking again within a relatively short period of time, the fact that the distance of driving is not shorter than the short, the attitude that reflects is shown, the degree of drinking is not much severe, and there is no record of punishment in addition to the previous conviction of drinking driving.

In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and means of crime, etc. of the accused, shall be determined as ordered.

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