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(영문) 수원지방법원 2020.02.06 2019고단6646
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

【Criminal Power】 On July 15, 2015, the Defendant received a summary order of KRW 5 million from the Suwon District Court to a fine for the violation of the Road Traffic Act.

【Criminal Facts】 On October 1, 2019, at around 22:25, the Defendant driven Bho-man car under the influence of alcohol concentration of about 0.056% in the section of about 9km from the front of the restaurant parking lot in Ansan-si, Suwon-gu, Suwon-si to the front road of Suwon-gu, Suwon-gu, Suwon-si, where it is difficult to identify the trade name in the Hoyang-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. Records of blood alcohol concentration;

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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order committed a second offense despite the fact that the defendant had been punished once due to drunk driving, and that there was two times of punishment due to unlicensed driving, etc. are disadvantageous to the defendant. Meanwhile, it is decided as per Disposition by taking account of the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime and is in a serious reflect, the fact that the defendant does not have any criminal record, the fact that the above criminal record is both the previous conviction of a fine, the fact that there is no criminal record nor any other criminal record, and the fact that the blood alcohol concentration is not high.

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