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(영문) 수원지방법원 2020.01.16 2019고단5783
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 14 million.

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

Reasons

Punishment of the crime

On September 4, 2014, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) from the Chungcheong District Court.

Nevertheless, at around 20:20 on September 22, 2019, the Defendant driven a FJD car under the influence of alcohol concentration of about 0.176% at the 1km section from the front road in Suwon-si B to the front road in the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Previous convictions indicated in judgment: References to criminal records, investigation reports (verification of the same attached records), and the application of a copy of statutes of the Cheongju District Court Decision 2014 high-level 113 High-level ruling;

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, despite the fact that the defendant had been punished once due to drunk driving, repeated the crime, and that blood alcohol level is very high, etc. that are disadvantageous to the defendant, on the other hand, the defendant recognized the crime, and seriously reflects the fact that the defendant committed the crime, the traffic accident does not occur, and the criminal record of the above drunk driving is the criminal record of a fine, and no other criminal record exists, shall be considered as favorable to the defendant, respectively, and the decision is made as per Disposition by taking into account all other sentencing conditions in the records

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