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(영문) 수원지방법원 2019.01.16 2018고단6306
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by a fine of 6,00,000 won;

2. If the defendant does not pay the above fine for 60 days.

Reasons

Punishment of the crime

[criminal power] On July 15, 2014, the Defendant was issued a summary order of KRW 1.5 million with a fine for a violation of the Road Traffic Act at the Changwon District Court on July 15, 2014, and on October 18, 2017, the Defendant was issued with a summary order of KRW 2.5 million with the same crime at the above court on October 18, 2017, and was subject to criminal punishment two or more times due to drinking driving.

【Criminal Facts】

On October 30, 2018, at around 02:01, the Defendant driven a F Sti-type car with approximately 400 meters alcohol concentration 0.07% while under the influence of alcohol from the front road in Suwon-si B to the front road in D.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employer-employed driver, and the written report of the employer-employed driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of suspect drinking records);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act (amended by Act No. 100,000 won a day) (amended by Act No. 100,000 won a day) was [the statutory scope] imprisonment with prison labor for not less than one year but not more than three years, or a fine of not less than 5 million won and not more than ten million won a million won (decision of sentence] as set forth below, taking into account the following circumstances and other factors, such as Defendant’s age, character and behavior, environment, motive and circumstances after the commission of

A disadvantageous circumstances: The defendant did not know about the fact that he committed the crime of this case without being aware of the fact that he had been punished twice by a fine due to a drunk driving, but did not know about the fact that he committed the crime of this case: The defendant shows an attitude to recognize and seriously reflect his mistake; the defendant disposing of the vehicle in this case and has failed to drive a drunk driving in the future; it seems that he had been living in good faith, such as engaging in ordinary social service activities and blood donation; and there was no record of being sentenced to a fine exceeding the previous one;

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