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(영문) 수원지방법원 2020.11.13 2020고단4122

도로교통법위반(음주운전)

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 June 18, 2019, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court due to a violation of the Road Traffic Act.

Nevertheless, at around 23:10 on May 13, 2020, the Defendant driven a 1 km Dworka car in the front of the “C” located in the Oral Station B located in the Oral Station located in the Oral Station located in the Gi-gu, Seongdong-gu, Sungnam-si, Sungnam-si, with a blood alcohol concentration of 0.173%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Inspection results of the control of drinking drivers, investigation reports (report on the circumstances of drinking drivers), the circumstantial statements of drinking drivers, and output of the results of measurement;

1. Records of judgment: Application of criminal records, inquiry reports, and summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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 ground of sentencing of the provisional payment order is that the defendant, who has a record of driving a drunk, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but the result of the blood alcohol concentration due to drinking in this case is higher.

Since the Defendant was punished as a drunk driving on June 2019 and was re-driving for one year after he was punished as a drunk driving on the same occasion, the possibility of criticism is not significant.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant has no record of criminal punishment other than the above one-time fine, and the defendant has no record of criminal punishment, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., as stated in the records, shall be determined by the sentence like the order, taking into account various circumstances, such as the following circumstances.