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(영문) 수원지방법원 2020.04.10 2019고단8168
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 May 16, 2013, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 7, 2019, at around 03:50, the Defendant driven a Matribling car from around 4 km to the 1994 comprehensive physical distribution distance, from the front of the Goi-dong Goung-dong Goung-dong Goung-dong Goung-dong, Young-dong, Young-gu, Young-gu, Gapo-dong, in a state of alcohol of 0.10% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the results of the drinking driving control and output of the results thereof, and a report processing slip for 112 incidents;

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, repeated statements and investigation reports (report on confirmation of criminal records) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement 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 recognized the crime of this case and reflected, and that the defendant has no record of punishment exceeding the fine is favorable to the defendant.

On the other hand, it cannot be said that the distance of driving without lowering the blood alcohol level at the time of the instant crime by the Defendant, and the fact that the Defendant had been punished twice due to drinking driving, including the previous conviction in the judgment, is disadvantageous to the Defendant.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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