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(영문) 수원지방법원 2020.06.18 2020고단1967
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

On April 8, 2015, the Defendant had a record of being subject to a summary order of a fine of seven million won in the Suwon District Court due to a violation of the Road Traffic Act (driving). On October 1, 2019, the Defendant driven a motor vehicle with a volume of about five meters C in the parking lot located in Suwon-si Line B while under the influence of alcohol level of 0.089% in the state of alcohol level around 07:50 on October 1, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of reports on the state of drinking and measuring statement of a drinking driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, reply reports on criminal records, previous dispositions, and reports on results of confirmation;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under influence of alcohol, the driving of the instant case was done under the influence of alcohol, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the quality of the relevant crime is not weak.

However, the punishment shall be determined as ordered by comprehensively taking into account the fact that the defendant is led to confession and reflect, and other various sentencing conditions shown in the records and arguments, such as the age, attitude, environment, etc. of the defendant.

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