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(영문) 수원지방법원 2020.05.21 2019고단8439
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 August 29, 2008, the Defendant was issued a summary order of KRW 500,000 by the Suwon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 14, 2019, at around 21:20, the Defendant driven a D low-speed car while under the influence of alcohol concentration of 0.132% in the 3km section from 14:0 to 20,000 to 3km in the front of the Pulsung.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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 was punished three times by a fine due to drunk driving, and the blood alcohol concentration level at the time was significantly high. In light of the risk of the occurrence of the accident and the purport of the amendment of the Act increased by statutory penalty, the nature of the crime is not somewhat weak.

However, considering the fact that the defendant is led to confession and reflect, and that there is no criminal record that exceeds the fine yet, the punishment as ordered shall be determined by taking into account the following factors: the defendant's age, attitude, environment, background and distance, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments, such as the circumstances after the crime.

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