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(영문) 수원지방법원 성남지원 2019.10.23 2019고단2071
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

[Criminal Power] On June 13, 2007, the Defendant was issued a summary order of KRW 700,000 by the Seoul Central District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On August 16, 2019, at around 22:42, the Defendant driven a motor vehicle with D-fluculing D in the state of alcohol concentration of about 0.075% while under the influence of alcohol in approximately 50 meters from the hotel B in Seongbuk-si, Sungnam-si to C in front of Sungnam-si.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous convictions in judgment: References to criminal records, investigation reports, and application 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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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 is against the defendant; the previous conviction is entirely a fine of 700,000 won in 207; there is no criminal record thereafter; there is no criminal record exceeding the fine; the distance of drinking driving is short; the defendant's age, character and conduct, environment, motive, means and consequence of the instant crime; and other circumstances shown in the pleadings, such as the circumstances after the crime, etc., shall be determined as above.

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