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(영문) 수원지방법원여주지원 2020.09.15 2020고단834
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 7, 2007, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act (Refusal of measurement of noise), and on October 20, 201, the Defendant issued a summary order of a fine of three million won for the same crime in the same court on October 20, 201, and on June 12, 201, the same court issued a summary order of seven million won for a violation of the Road Traffic Act (driving). On September 3, 2015, the Defendant issued a summary order of a fine of seven million won in the same court on September 3, 2015, and on October 28, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime, etc. and completed the execution of the sentence on October 27, 2017.

On May 27, 2020, the Defendant driven B rocketing car with approximately five meters alcohol level of about 0.170% in the parking zone located in the public parking zone in the city bus terminal in Ischeon-si, Jungcheon-ro, 106, up to the parking zone adjacent to the parking zone in the public parking zone in the city bus terminal.

Summary of Evidence

1. Defendant's legal statement;

1. The report on traffic accident (1) and (2) The report on the circumstantial statement of the home-employed driver;

1. Application of each one of the judgment and summary order; and

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

1. The fact that several times have been punished for the same kind of crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be considered in consideration of unfavorable circumstances, but the time being human and reflect, driving distance, etc. shall be considered in favorable circumstances.

In this context, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, support and family relationship, and the fact that there was no same kind of crime after 2016, shall be determined as above.

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