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(영문) 수원지방법원 성남지원 2020.05.08 2019고단3165
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] The defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court on July 11, 2007.

【Criminal Facts】

On November 21, 2019, at around 14:32, the Defendant driven a F Coin or a car at a level of about 600 meters from the front to the D Apartment E-dong parking lot in Gwangju City, while under the influence of alcohol of 0.069% of blood alcohol level.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, statement of the circumstances of a drinking driver, circumstantial report, and report on the entry into a drinking practice (revision of the application of the Madmark formula);

1. Previous convictions in judgment: Application of criminal records, reply reports, and copies of summary order for each 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the following facts: (a) the Defendant re-driving a motor vehicle despite the history of having been punished once due to drunk driving; (b) the Defendant made a mistake along with the blood alcohol concentration, driving distance, driving circumstances, etc. of the instant case; (c) the Defendant was a crime after a considerable period of time has elapsed from the previous conviction; (d) the Defendant did not have any penal power exceeding the fine; and (e) the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc.

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