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(영문) 수원지방법원 2020.08.14 2020고단2992

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 14,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 4, 2018, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

On March 20, 2020, the Defendant, at around 07:30, operated a two-wheeled vehicle under the influence of alcohol concentration of 0.165% without a vehicle driver’s license, from around about 200 meters from the vicinity of Suwon-si Balm to the frontway in the same Gu C, and operated a two-wheeled vehicle under the influence of alcohol concentration of 0.165%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of records of drinking alcohol measurement, results of the regulation of drinking driving, circumstantial statements of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);

1. Registers of driver's licenses;

1. Records of judgment: Application of one copy of criminal records, reply note, and summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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 is that the instant crime had a history of driving alcohol, and on June 28, 2018, the Defendant, a two-wheeled automobile, the driver’s license of the former Kwikset, was conducted without a license or driving alcohol, and the nature of the instant crime is not weak, and the blood alcohol concentration due to drinking in this case is high.

In light of the fact that the Defendant, while driving along a road beyond the center line in the process of driving under the influence of alcohol, collisions between the vehicle driven at normal level and damaged the said vehicle, it seems that the instant drinking driving did not seem to have a large degree of danger.

In addition, the defendant was punished for drinking-free driving in July 2018 and did not run again for two years.