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(영문) 수원지방법원 2020.05.22 2020고단381
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On May 10, 2013, the Defendant received a summary order of KRW 6 million from the Seoul Central District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On December 29, 2019, at least 23:35, the Defendant driven a DK5 vehicle under the influence of alcohol level of about 0.139% at the section of approximately 2.5 km from around C in Young-gu, Suwon-si, Suwon-si, to the front day of the tunnel of the 1381 Nail-si, Dong-dong, the Defendant violated the Road Traffic Act (driving) at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification of the results of the crackdown on drinking driving, and log of measurement records;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

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

1. The defendant's reasons for sentencing of Article 334 (1) of the Criminal Procedure Act in the order of provisional payment, even though he had the record of punishment for drinking driving like the previous conviction in the judgment, again leads to the crime of this case is disadvantageous to the defendant.

The fact that the defendant seems to have the attitude to recognize and reflect the crime of this case is favorable to the defendant.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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