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(영문) 수원지방법원 2020.03.19 2019고단7796
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On July 18, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act in the Ansan District Court's Ansan Branch.

【Criminal Facts】

On December 07, 2019, at around 01:06, the Defendant driven a CNS car owned B while under the influence of alcohol concentration of 0.113% at the section of 50 meters prior to the viewing of water sources, which is located in 241, the Suwon-si Flac, Suwon-si Flac, Suwon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notice of records of drinking alcohol measurement, results of the regulation of drinking driving, reports on the state of drinking drivers, and investigation reports (report on the state of drinking drivers);

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

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 by a fine due to drunk driving, and the blood alcohol concentration level at the time was considerably high. In light of the risk of the occurrence of the accident, the nature of the crime is not weak.

However, considering the fact that the defendant's mistake is recognized and divided, the fact that there is no criminal record other than the above previous one, etc., the defendant's age, attitude, family relationship, circumstances of driving and distance, and circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account various sentencing conditions shown in the records and arguments.

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