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(영문) 수원지방법원 2020.03.05 2019고단6967
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On May 22, 2019, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 07, 2019, the Defendant, at around 04:10 on September 07, 2019, driven a DNA-pured vehicle with a blood alcohol content of about 0.185% under the influence of alcohol at approximately two meters in the front-way section C in Suwon-si B, Suwon-si, and conducted a violation of the Road Traffic Act (driving) on more than two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on detection of circumstantial statements from a host driver;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (Attachment to the same type of judgment), and application of Acts and subordinate statutes;

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 the history of punishing a defendant for drinking in March 2019. Since June 25, 2019, the penal provision for drinking driving has been strengthened, and the defendant was also able to easily understand the above circumstances through the media, etc., but six months have not passed since the previous drinking driving, and there is a need for severe punishment in that he/she was making the instant drinking driving.

In addition, as blood alcohol concentration is high at the time of driving, the possibility of criticism is also high.

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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