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(영문) 수원지방법원 2019.11.22 2019고단4986
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On August 28, 2009, the Defendant was issued a summary order of KRW 2 million by the Suwon District Court due to a violation of the Road Traffic Act.

On July 25, 2019, from around 03:00 to 04:00, the Defendant again driven a car in the halogan area owned by the Defendant with approximately 0.05% of alcohol alcohol concentration from around 2.6km to the front road of the said Defendant’s residence, after going through a road in front of the same time from the Defendant’s dwelling area in Suwon-si B, Suwon-si to the same city’s dwelling area.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (report on the circumstances of a drinking driver, checking the section and date and time of drinking driving, etc.) and notification of the results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (the distance of sound driving and temporary confirmation, etc.) and 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 sentencing grounds of Article 334(1) of the Criminal Procedure Act of the provisional payment order include once the same record of sentencing, the circumstances before and after the drunk driving are not good, while blood alcohol concentration is relatively high and human and material accidents at the time do not occur at the time. In addition, considering the Defendant’s age, character and behavior, career, environment, circumstances and results of the crime, and all of the sentencing conditions indicated in the records and arguments of this case, such as the circumstances after the crime, the sentence shall be determined as ordered.

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