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(영문) 수원지방법원 성남지원 2020.06.18 2020고단65
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On September 3, 2010, 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】

Although the Defendant violated Article 44(1) of the Road Traffic Act, at around 21:49 on December 3, 2019, the Defendant once again driven a car with C Sti-type in about about 1km from the 1km section to the front road in the area near the Tae-dong in Gwangju City, while under the influence of alcohol by 0.141% in alcohol level.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Control note, report on the circumstantial statement of a drinking driver, response to requests for appraisal, and notification of the results of the drinking driving control;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was that the Defendant had been punished for drunk driving, but again committed the instant crime of drinking driving.

Considering the unfavorable circumstances that the degree of drinking, the attitude of reflecting is shown, and the influence of drinking driving is relatively old, considering the favorable circumstances, and taking into account the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive and means of crime, etc., as well as the conditions of sentencing prescribed in Article 51 of the Criminal Act.

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