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(영문) 수원지방법원 성남지원 2020.04.29 2019고단3221
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On July 22, 2014, 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 30, 2019, at around 23:32, the Defendant driven a motor vehicle E- B in a section of about 10 meters from Sungnam-si from Sungnam-si B to the front road of the D Hospital located in Sungnam-si, Sungnam-si.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Reporting on the detection of the accused's statutory statement in violation of the Road Traffic Act, reporting on the state of his/her driving, and inquiry into the results of the regulation of his/her driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes of summary order attached to criminal records and investigation reports (verification of recidivism of sound driving);

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 of Article 334(1) of the Criminal Procedure Act on the provisional payment order is not only a person himself but also a high risk of infringing on the life and property of others. Therefore, it is highly necessary to strictly punish the defendant, and the blood alcohol concentration of the defendant is relatively high.

However, the defendant's mistake is recognized, the defendant has no criminal records other than once before and after being sentenced to a fine, the circumstances leading to the driving under the influence of alcohol, and the disposition of the vehicle, etc., and the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and other circumstances shown in the arguments, such as the circumstances after the crime, shall be determined as ordered.

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