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(영문) 수원지방법원 2020.01.16 2019고단5910
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 11 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On April 7, 2016, 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 October 5, 2019, at around 20:15, the Defendant driven Cp-free car with a blood alcohol concentration of about 10 K K 0.074% while under the influence of alcohol from around 10 Km of 10 Km to the front road of the T-Tho T-si in the T-Tho city.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: References to criminal records, investigation reports (former and current investigation reports), and copies of summary order Acts and subordinate statutes;

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 fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order committed a second offense despite the fact that the defendant had been punished once due to drunk driving, etc. is disadvantageous to the defendant. Meanwhile, the fact that the defendant recognized the crime and is against the truth, the traffic accident does not occur, the criminal record of the above drunk driving is the criminal record of a fine, and no other criminal record exists, and the fact that the blood alcohol level of the instant case is low shall be considered as favorable to the defendant, taking into account the circumstances favorable to the defendant, and taking into account all other factors of sentencing specified in the records of the instant case.

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