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(영문) 수원지방법원 2020.04.10 2020고단118
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On June 13, 2008, the Defendant received a summary order of KRW 1,50,000 from the Seoul Eastern District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 14, 2019, at around 05:20, the Defendant driven a E-to-purd motor vehicle with approximately 70 meters alcohol concentration of about 0.092% under the influence of alcohol, from the front of the Defendant’s house located in Suwon-si, Suwon-si B to the front of the “D cafeteria” road located in the same Gu C.

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

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and the investigation report (the circumstantial report of the employee concerned);

1. Notification of the result of the drinking driving control;

1. An accident-related photograph and the case-related photograph;

1. Previous convictions indicated in judgment: Criminal history records, investigation reports (previous and confirmation), and application of summary order Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 6 of the Discretionary Mitigation and Mitigation Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the Defendant had had the record of punishment for drunk driving, as well as the previous record of the judgment, again led to the instant crime. The Defendant’s blood alcohol concentration cannot be said to be low at the time of the instant crime is disadvantageous to the Defendant.

On the other hand, it is favorable for the defendant to recognize and reflect the crime of this case, and the distance of the defendant's driving is relatively short, and the defendant has no record of punishment until this case has been punished for drinking.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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