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(영문) 수원지방법원 2019.09.30 2019고단3867
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 November 2, 2015, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 19, 2019, at around 23:30, the Defendant driven B vehicles under the influence of alcohol with approximately 500 meters alcohol concentration of 0.090% from the 500-meter section to the green bridge located in the 117-dong Green Do-dong, in the vicinity of the Dotanp, which is located in the Gyeonggi-do return Dong, in the event of Gyeonggi-si.

Accordingly, the defendant violated the drinking driving regulations 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 the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (reports on 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 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 order of provisional payment is that the defendant committed a second offense despite the fact that the defendant had already been punished once due to drunk driving, etc., which is disadvantageous to the defendant. However, there are many circumstances favorable to the defendant, such as the following: (a) the defendant reflects the crime; (b) the defendant is committing a crime; (c) the blood alcohol level is low; (d) the criminal record of the above drunk driving is the criminal record of a fine;

In addition to the above circumstances, all of the sentencing conditions shown in the records of the instant case shall be determined as per the Disposition.

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