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(영문) 수원지방법원 2020.05.21 2019고단7524
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On May 12, 2016, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 27, 2019, at around 02:00, the Defendant driven a DMW X3 car while under the influence of alcohol concentration of about 0.041% at approximately 3km from the 3km section of the B apartment C-dong underground parking lot at the time of e.g., the e., the e., the e. BMW X3 car.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of previous records and a copy of summary order), and application of statutes governing summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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, even though the defendant had been punished once due to drunk driving, etc., repeating the crime is unfavorable to the defendant. On the other hand, the defendant recognizes and reflects the crime, the traffic accident does not occur, the criminal record of the above drunk driving is the previous conviction of the fine, and there is no other criminal record, and the fact that the blood alcohol level is low is considered as favorable to the defendant. It is so decided as per Disposition by taking into account the circumstances favorable to the defendant, and by taking into account all other factors included in the records of this case

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