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(영문) 수원지방법원 2020.05.14 2020고단24
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of eight million won.

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

Reasons

Punishment of the crime

【Criminal Power】 On December 24, 2007, the Defendant is a person who has received a summary order of a fine of one million won at the Incheon District Court for a violation of the Road Traffic Act.

【Criminal Facts” around 21:20 on December 17, 2019, the Defendant driven a Fystton vehicle under the influence of alcohol content of about 0.053% at the section of approximately 300 meters from the Do in front of the “C” main point of “E” located in C in C at the time of harmony to the front road of “E” located in C at the time of harmony.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Criminal records, investigation reports (suspect's records of drinking alcohol), and application of summary order 1 to summary order in Incheon District Court Decision 2007 High Court Decision 47598;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order committed a second offense despite the fact that the defendant had been punished once due to drunk driving, etc. is disadvantageous to the defendant, while the defendant is recognized as committing a crime and is against the truth, traffic accidents are not committed, the criminal records of the above drunk driving are criminal records of fines, and there are no other criminal records in 2007, and the fact that there is no other criminal records, and that the blood alcohol concentration is low shall be considered as favorable to the defendant, respectively, and the decision is made as per the disposition by taking into account all other factors of sentencing specified in the records of the instant case.

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