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(영문) 수원지방법원성남지원 2020.11.10 2020고단1080
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On March 29, 2015, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Sung-nam Branch of Suwon District Court on March 29, 2015.

Criminal facts

On March 20, 2020, the Defendant driven a D Coina car while under influence of alcohol 0.097%, from around 7 km to the nearby road of Gwangju City, Gwangju City, to the neighboring road of Gwangju City, and driving D Coina car while under influence of alcohol 0.097%.

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

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's legal statement, circumstantial statement, report on the situation of the driver, criminal records of the crackdown on drinking driving, and criminal records inquiry reports and investigation reports (verification of the same kind of power);

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, driven a car in a state of drinking alcohol level of 0.097% again even though he/she was punished by a fine due to drinking alcohol around 2015.

It shall be taken into account the fact that the defendant shows an attitude of recognizing and reflecting the mistake, and there is no other criminal records except for the previous criminal records and the previous criminal records once, and other circumstances such as the age and character of the defendant, the environment, motive, means and consequence of the crime, the punishment as ordered shall be determined in consideration of the circumstances after the crime.

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