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(영문) 수원지방법원 2020.03.12 2019고단7716
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On November 15, 2013, the Defendant was issued a summary order of a fine of KRW 4 million at the Suwon District Court as a crime of violation of the Road Traffic Act (driving) at the site of Suwon District Court.

On November 13, 2019, at around 22:40, the Defendant driven a Mari-gu car under the influence of alcohol with approximately 1.5 km alcohol concentration of about 0.080% from the section of approximately 1.5 km from the front of the Simsan-si to the same Simamamb. 85-2.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Application of criminal records, repeated statements and investigation reports (report on confirmation of criminal records) 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 defendant of the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, even though he was punished by a fine due to a relatively recent drinking driving, and the driving of the case in this case was done at the same time. Considering the risk of the occurrence of the accident, the nature of the crime is not easy.

However, taking into account the fact that the defendant is led to confession and reflect, and that there is no previous conviction other than the above previous one, the defendant's age, attitude, environment, driving background and distance, blood alcohol concentration level, circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account various sentencing conditions shown in the records and arguments.

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