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(영문) 수원지방법원 2019.10.18 2019고단3967
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

On July 11, 2012, the Defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for the Defendant's violation of the Road Traffic Act.

On June 28, 2019, at around 09:25, the Defendant driven a ecoo vehicle B while under the influence of alcohol content of 0.059% from the influenite to the front road of 190-31, Jinju-gun, Seoul Special Metropolitan City, to the influence of 190-31.

Accordingly, the defendant, who has the power of violating the Road Traffic Act (driving) at least once, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on arrest of a person suspected of violating the Road Traffic Act;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Records of judgment: An inquiry report on crimes, an advance report on disposition and a report on the results of confirmation, and application of Acts and subordinate statutes of a summary order;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not that of the latter.

However, the fact that the defendant recognized the crime of this case and divided his mistake, the defendant seems to have been driving of this case under the circumstance that the defendant was able to take into account several circumstances as well as the one-time fine as stated in the judgment of the defendant, and there are no other criminal records, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, the circumstances after the crime, etc. are considered, shall be determined as ordered, taking into account the various circumstances that form the conditions for sentencing as shown in the records, such as the age, character and behavior, environment, motive and circumstance of the crime.

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