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(영문) 수원지방법원 성남지원 2020.04.08 2019고단3059
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On October 21, 2009, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Seoul Southern District Court.

【Criminal Facts】

On September 22, 2019, at around 22:00, the Defendant driven a DNA car with a blood alcohol concentration of about 0.093% from around 50 meters to the front road of the same Gu C community service center, from around 22:0 to around the same Gu C community service center.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the state of driving under drinking;

1. On-site photographs;

1. Previous convictions in judgment: Application of one copy of the criminal records and summary order;

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 of Article 334(1) of the Criminal Procedure Act on the provisional payment order is not only a crime that is highly likely to infringe on the life and property of others, and thus, it is highly necessary to strictly punish the defendant, and the blood alcohol concentration of the defendant is relatively high.

However, considering the fact that the defendant recognized his mistake and reflects, that the defendant did not repeat the crime for ten years after the criminal punishment of a fine was imposed on a drunk driving in 2009, that there was no record of crime exceeding the fine, and that there was other various circumstances shown in the arguments, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, the punishment as ordered shall be determined.

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