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(영문) 수원지방법원 성남지원 2020.05.21 2019고단3231
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

[Criminal Power] On June 13, 2016, the Defendant received a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 11, 2019, when the Defendant had a record of violating the prohibition of drinking driving, the Defendant driven a DNA low-income vehicle at approximately 3 km from the 3km section to the front road of the Sungnam National Sports Complex, which is located in the Dannam-si, the 0.054% alcohol concentration around the blood alcohol concentration around 0.054% around December 11, 2019.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Report on the defendant's legal statement, the statement of his oral statement, the records of the control of drinking driving, and the investigation report (report on the status of the drinking driver);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was that the Defendant had been punished for drunk driving, but again committed the instant crime of drinking driving.

Considering the degree of drinking alcohol, the distance of driving, and considering the fact that the drinking driving was committed again within a relatively short period of time, considering the favorable circumstances that reflects the reflectivity, and that there is no record of punishment other than the previous record of drinking driving.

In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and means of crime, etc. of the accused, shall be determined as ordered.

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