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(영문) 수원지방법원 2020.01.16 2019고단5821
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13 million.

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

Reasons

Punishment of the crime

[Criminal Power] On March 16, 2018, the Defendant received a summary order of KRW 5 million from the original state branch of the Chuncheon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant violated the prohibition of drunk driving, on September 21, 201, the Defendant again driven a passenger car with two highest alcohol level of about 0.076% in the section of approximately 200 meters of alcohol alcohol level from the alley to the front day of the viewing of the water source located in the same Gu after viewing the water source in Suwon-si, Suwon-si around 01, Sept. 21, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the result of drinking driving control and the result of respiratory measurement;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of a suspect's previous convictions), and application of copies of the statutes governing the original court of Chuncheon District Court Decision 2017 High Court Decision 4276;

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 is that the defendant had been punished once due to drunk driving, so long as the defendant has not been punished, etc., he/she is making a re-driving, etc., under the unfavorable circumstances against the defendant. Meanwhile, the decision is made by comprehensively taking into account all the sentencing conditions shown in the records of this case, including the fact that the defendant is recognized as committing the crime and is against the truth, that there is no traffic accident, that there is no previous conviction, that there is no other criminal conviction, that there is no high blood alcohol level, that there is no high blood alcohol level, and that the defendant's wife wanting to take advantage of the favorable circumstances for the defendant.

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