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(영문) 수원지방법원 2016.11.18 2016고단4147
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of eight million won.

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

Reasons

Punishment of the crime

[criminal power] On January 25, 2008, the Defendant received a summary order of KRW 700,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act, and on February 24, 2011, the same court was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act, and on July 5, 2013 from the Seoul High Court to a suspended sentence of eight months for a violation of the Road Traffic Act.

[Specific criminal facts] The Defendant, who had been punished for drinking driving two times or more, was driving a D-di vehicle from about 1 km to about 126, from the 200-day side-way 69 to the 126-day road at the same time, while under the influence of alcohol at around 03:50 on June 23, 2016, under the influence of alcohol level of 0.094%.

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. Criminal records as stated: Criminal records, inquiry reports, and application of court rulings or statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of the selective fine (the fact that it does not recognize, reflects, and does not repeat the crime; the fact that the person lives without a previous conviction for a considerable period after the execution of the final sentence recorded in the judgment was completed; the circumstances of the driving of this case and the age, character and conduct, environment, etc. of the defendant);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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