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(영문) 수원지방법원 2020.06.12 2020고단66
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 May 20, 201, the Defendant received a summary order of KRW 2,50,00 from the Suwon District Court to a fine for a violation of the Road Traffic Act.

On December 24, 2019, at around 00:32, the Defendant driven a Dreck car in the state of alcohol alcohol concentration of approximately 0.073% from a 600-meter radius to the front road of the Young-gu Office located in Young-gu, Young-gu, Suwon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and 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 of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the defendant had a record of being punished for a drunk driving as stated in its reasoning, but again led to the instant crime is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes the crime of this case and that the defendant has no record of criminal punishment other than the previous conviction is favorable 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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