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(영문) 수원지방법원 성남지원 2020.02.18 2019고단3062
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On March 12, 2012, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) at the Incheon District Court.

【Criminal Facts】

On October 7, 2019, around 21:13, the Defendant driven an EM5 vehicle under the influence of alcohol leveling 0.126% of alcohol level from approximately 50 meters from the 50-meter section from the roads adjacent to the building B in Seongbuk-gu, Sungnam-si to the neighboring roads in C.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statements of a drinking driver and the results of the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions in judgment: Application of criminal records, reply reports, and summary order under Acts and subordinate statutes;

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order, despite the fact that the defendant had a history of punishment once as a drunk driving, re-driving the motor vehicle, along with the blood alcohol concentration, driving circumstances, etc. of this case, the defendant did not repeat the motor vehicle while showing the attitude of seriously reflecting the defendant's wrongness. The driving distance of this case is not long, and the crime is committed after a considerable period of time from the above drunk driving, and all of the sentencing conditions in this case, including the defendant's age, character and behavior, environment, and circumstances after the crime, etc., shall be determined as ordered by the order.

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