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(영문) 수원지방법원 2020.04.27 2019고단7765
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 July 3, 2009, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act from the Suwon District Court.

【Criminal Facts】 On November 22, 2019, at around 21:15, the Defendant driven a D-to-purd vehicle with a blood alcohol concentration of about 0.076% under the influence of alcohol in the section of about 1km from the front road of Suwon-si, Suwon-si to the front road of Suwon-si, Suwon-si.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving regulations twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the results of the drinking driving control and the drinking-measurement;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant committed a second offense even though he had the record of punishment one time due to drunk driving and one time due to unlicensed driving, etc., which is disadvantageous to the defendant. Meanwhile, the defendant recognized the crime and seriously reflects the fact that the defendant does not have any traffic accident, each of the above criminal records is in the year 2009, there is no other criminal record, and there is no other criminal record, the degree of blood alcohol level is low, and the support of a child who is not good health is considered as favorable to the defendant, and the decision is made as per Disposition after taking into account all the other factors included in the records of this case.

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