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(영문) 수원지방법원 2019.11.21 2019고단4389
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 March 7, 2007, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act in the Ansan District Court's Ansan Branch.

【Criminal Facts】

Although the Defendant had any record of violating the provision prohibiting drunk driving, on July 28, 2019, around 22:24, the Defendant driven a Fpoter freight in the state of under the influence of alcohol 0.09% in the blood alcohol concentration 0.09% in the vicinity of the “C” office located in the same city D from the street to the road in the same city D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;

1. Previous convictions indicated in judgment: References to criminal records, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes of a copy of summary order;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendant, even though previous and one time, was driven under the influence of alcohol in this case, and the statutory penalty is raised, and the nature of the offense is not somewhat weak considering the purport of the amendment.

However, considering the fact that the defendant is led to confession and reflect, there is no record of criminal punishment that exceeds the fine yet, the defendant's age, attitude, environment, background and distance of driving, blood alcohol concentration, and circumstances after the crime, various sentencing conditions shown in the records and arguments shall be determined like the order.

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