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(영문) 수원지방법원 안양지원 2019.10.31 2019고단1807
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

[Criminal Power] On June 18, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) in the Gyeyang Branch of Suwon District Court.

【Criminal Facts】

On August 8, 2019, the Defendant driven a Epoter II truck under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.194% at the section of approximately 300 meters, from the front of B, to the front of D, “D” on the road located in C.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Report on the status of an employee);

1. Notification of the result of the drinking driving control;

1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, results of confirmation, and 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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The Defendant, even though there was punishment power due to drunk driving in around 2010, caused an accident that causes the shock of telegrams by driving under the influence of alcohol.

The defendant's drinking value is very high.

A favorable circumstances: The defendant is recognized to commit a crime, and is in profoundly against the defendant.

The defendant's punishment power is about 19 years ago, and there is no penalty power exceeding the fine.

The punishment shall be determined in consideration of the following circumstances, such as the age, character and conduct, family relationship, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.

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