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(영문) 수원지방법원 안양지원 2020.06.18 2019고단2494
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On September 14, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

At around 22:40 on November 19, 2019, the Defendant, while running a cone or a knife while under the influence of alcohol content of approximately 0.072% from the 6km section from the front road to the front road of the Sinan-gu Manan-gu.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drunk driving, the report on the circumstances of drunk driving, and the circumstantial statement of the drunk driver;

1. Previous records: Application of inquiry reports including criminal records, and investigation reports (Attachment to summary orders for the same type of suspect)-related Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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 [the scope of applicable sentences under the law] The punishment for the crime of this case committed again, even though the record of punishment due to drunk driving, as stated in the first head of the criminal facts stated in the judgment of the defendant, which was sentenced to a fine of KRW 5 million from KRW 10 million to KRW 6 million, is not less severe, and the defendant's blood alcohol concentration level cannot be said to be less low, but the defendant's mistake is recognized, and the defendant does not have any other specific criminal records, and the distance of driving under the influence of alcohol, the distance of the punishment of this court for the same kind of crime, the balance in the sentencing of the defendant's age, character, environment, circumstances of the crime, and the circumstances before and after the crime, etc. shall be determined as the sentence as ordered by taking into account the various factors

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