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(영문) 수원지방법원 성남지원 2019.08.06 2019고단993
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

The Defendant, at the Suwon District Court on November 17, 2006, has the record of being sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act, on July 10, 2009, a fine of KRW 1 million for the same crime in the above court on July 10, 2009, and on May 30, 2012, the above court received a summary order of KRW 5 million for the same crime.

Although the Defendant violated the provision on the prohibition of drunk driving twice or more, on April 12, 2019, the Defendant driven DK7 car at approximately 5km from the vicinity of the restaurant located in Seocho-gu Seoul Metropolitan Government “C” to the front of the 4 city interesting distance, according to the flow of the 4 city interesting distance, while under the influence of alcohol 0.051% of alcohol level around 23:25, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and investigation reports;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, driven a car under the influence of alcohol level 0.051%, even if he was sentenced to a fine around 2006, around 2009, and around 2012 due to drinking.

It shall be taken into account the fact that the defendant shows an attitude to recognize and reflect the defendant's mistake, the defendant has no other criminal records except four times in total, and all of the fines for the same criminal records have been imposed by the summary procedure, the effect of the choice of the type of punishment on the defendant's occupational status, and other circumstances such as the defendant's age and character, environment, motive, means and consequence, etc., such as the defendant's age and character, environment, motive, means and consequence of the crime.

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