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(영문) 수원지방법원 2020.01.17 2019고단6361
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

On July 18, 2008, the Defendant was issued a summary order of KRW 500,00 for a fine for violation of the Road Traffic Act at the Cheongju District Court.

On October 12, 2019, at around 10:30, the Defendant driven BMW car under the influence of alcohol with approximately 1.5 kilometers of blood alcohol concentration of about 0.037 percent from the 1.5 kilometer section from the 10:30 on the 10:30 on the 10.12.10 on the 10:30 on the 201.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;

1. Records of judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kinds of records of a suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 53 and 55 (1) 6 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not that of the latter.

However, the defendant recognized the crime of this case and divided his mistake, the degree of the blood alcohol concentration due to the drinking of this case shows that the figure of the blood alcohol concentration due to the drinking of this case shows that the defendant had been driving of this case under the circumstance that the defendant was under the circumstance that he was under the circumstance that he was under the situation that he was under the circumstance that he was under the influence that he was under the influence that he was under the influence that he was under the influence of drinking of this case. The defendant's history of driving under the influence of drinking of this case has passed for not less than 11 years from the date of the crime of this case. Other circumstances such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result, etc., shall be determined as ordered by the order

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