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(영문) 수원지방법원 2020.01.16 2019고단6142
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

On March 19, 2009, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Seosan Branch of the Daejeon District Court on March 19, 2009.

Nevertheless, at around 04:28 on September 28, 2019, the Defendant driven a rocketing car at the 1km section from the mutual influorite to B of the same time while under the influence of alcohol of 0.162% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

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 is that the defendant was subject to criminal punishment due to a drunk driving, and the drinking driving of this case was conducted at the same time, and the blood alcohol concentration level was considerably high, and physical damage was also caused. The nature of the crime is not easy.

However, considering the fact that the defendant is led to confession and reflect, the previous period of the above fine is 10 years prior to the previous period of the fine, and the fact that there is no other criminal record, other factors such as the defendant's age, attitude, environment, developments and distance, circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account various factors of sentencing as shown in the records and arguments

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