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(영문) 수원지방법원 2020.04.09 2019고단7963
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On September 19, 2012, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) from the Suwon District Court.

【Criminal Facts】

Despite the fact that the Defendant violated the provision on the prohibition of drunk driving as above, the Defendant was under the influence of alcohol at approximately 0.139% of blood alcohol concentration in the section of approximately 1 km from the vicinity of the C water datum located in Suwon-si, Suwon-si, Suwon-si to the neighboring street in the same Gu from around 3:5, Dec. 9, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports on criminal records, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes of a copy of summary order;

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 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 has a record of being punished for a drunk driving, and since June 25, 2019, the penal provision for a drunk driving was strengthened, and the defendant was also able to easily understand the above circumstances through the media, etc., and there is a need for strict punishment in that he/she was a drunk driving.

However, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant recognized the instant crime and divided his mistake; the Defendant has no record of punishment in excess of the fine yet; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.

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