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(영문) 수원지방법원 2020.04.24 2019고단8314
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

On September 2, 2011, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act from a Suwon District Court’s Eunpyeong site.

Nevertheless, at around 23:58 on December 13, 2019, the Defendant driven an E-A5 car from the C-public parking lot located in Osan-si B to the D apartment underground parking lot in Osan-si, Osan-si, at approximately 2.4km.

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

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant’s blood alcohol concentration is considerably high at the time of the instant crime, and that the distance of the Defendant’s driving is not shorter than that of the Defendant’s injury.

On the other hand, the fact that the defendant recognizes the crime of this case, and that there is no record of criminal punishment other than the previous conviction of the defendant, and that the crime of this case has been committed more than eight years since the time of such punishment, is favorable to the defendant.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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