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(영문) 수원지방법원 2020.04.09 2019고단8038
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[criminal power] On February 4, 2015, the Defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act (driving of Drinking) in the Suwon District Court's Ansan Branch on February 4, 2015.

【Criminal Facts】

On December 5, 2019, around 19:43, the Defendant driven an E-motor vehicle under the influence of alcohol level of about 24 km from the front of the “C” road in Jacheon-si B to the front road of the Defendant’s residence located in Jacheon-si D.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the result of the drinking driving control;

1. A written request for appraisal, a briefing report and a blood alcohol appraisal report;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a report on confirmation of the same attached 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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant re-offending despite the fact that the Defendant had been punished once due to drunk driving; (b) the blood alcohol concentration is high; and (c) the driving distance is considerably high; (c) the Defendant acknowledged and seriously reflects the Defendant’s crime; (d) the Defendant does not have any traffic accident; (c) the previous conviction of the above drinking driving is the previous conviction of a fine; and (d) there is no special criminal offense; and (e) his family and branch wanting to take advantage of the favorable circumstances for the Defendant; and (e) all other sentencing conditions indicated in the records of the instant case are comprehensively considered in light of all other sentencing conditions shown in the instant case.

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