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(영문) 수원지방법원 2021.03.16 2020고단8290
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On June 29, 2007, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (drinking) from the Suwon Flag Flag method sources, and on September 26, 2008, the Defendant received a summary order of KRW 2 million as a fine for the same crime in the same court.

Nevertheless, on November 21, 2020, the Defendant driven C-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act, based on the following factors: (a) the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that he/she had been punished twice due to drinking alcohol, committed again the same kind of crime; (b) the Defendant’s mistake in depth; and (c) the favorable circumstances such as the Defendant’s character and behavior and environment; (d) the motive and circumstance of the crime; and (e) the circumstances after the crime, etc., shall be determined as ordered by the order.

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