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(영문) 수원지방법원 성남지원 2020.04.23 2019고단3210
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 October 5, 2012, the Defendant was issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in the Sung-nam Branch of Suwon District Court as of October 5, 2012.

Nevertheless, the Defendant, while under the influence of alcohol content of 0.123% on September 24, 2019 on blood alcohol content around 07:26, operated the Ethical S60D3 car volume from the Seocho-gu Seoul Metropolitan Government apartment from the Seocho-gu Seoul Metropolitan Government B apartment to the front street in Sungnam-gu, Sungnam-si C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of recidivism of sound driving), and application of Acts and subordinate statutes concerning 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 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 a drunk driving in the past, but again driven under the influence of alcohol.

The punishment as ordered shall be determined by comprehensively 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, along with the degree of the principal offender, driving distance, danger, etc.

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