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(영문) 수원지방법원 2020.01.30 2019고단6556
도로교통법위반(음주운전)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

【Criminal Power】 On May 28, 2014, the Defendant was issued a summary order of KRW 2 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts of Crimes】 around 03:00 on September 30, 2019, at the new parking lot located in Gicheon-ro 69, Gicheon-gu, Gicheon-ro 7-ro, 03:04 on the same day from September 30, 2019, the Defendant driven a water source-based knife vehicle with approximately 0.067% of blood alcohol content at the 1km section to the water source-based 795, Youngdong-dong 795 on the same day.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notice of the results of drinking driving control, and a record of drinking measurement;

1. Checking a driving distance;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, and Acts and subordinate statutes confirming the past record of violation of the prohibition of drinking driving;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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 provisional payment order has a record of being punished for a drunk driving, and since June 25, 2019, the penal provision for a drunk driving was strengthened, and the defendant was also able to easily understand the above circumstances through the media, etc., and there is a need for strict punishment in that he/she was a drunk driving.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant has no record of punishment in excess of the fine for the same kind of crime, and that there is no record of punishment in excess of the fine for the same kind of crime, and other various circumstances that form the conditions for sentencing as shown in the record, such as the age, character and conduct, environment, motive, means and consequence of the crime, etc.,

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