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(영문) 수원지방법원 성남지원 2015.12.02 2015고단2257

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 19, 2009, the Defendant issued a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act in Suwon District Court support on January 19, 2009, and on October 17, 2013, the same court issued a summary order of KRW 5 million as the same crime.

Criminal facts

On September 23:57, 2015, the Defendant was under the influence of alcohol with 0.219% of blood alcohol concentration 0.23:57, and the Defendant was driving a ba-purd vehicle at approximately 50 meters from the 333-7, Jung-gu, Jungwon-gu, Jungwon-gu, the other party of the Gyeonggi-gu, Jungwon-gu, Gidong Underground Parking Lot to the entrance of the first floor.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of this prohibition.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous records: Application of inquiry reports and investigation reports (suspects' previous records and confirmations) and statutes, including criminal records;

1. Articles 148-2 (1) 1 and 44 (1) of the Criminal Act concerning the relevant criminal facts, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The decision is delivered with the order, considering the following: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: (b) even though the defendant had a history of being punished twice due to drunk driving, and the blood alcohol content is considerably high; (c) the defendant is not a proxy driver; (d) the defendant is not a proxy driver; (e) the substitute driver is driving about about 50 meters on the first floor where the standby driver is located because he was unable to find the location of the defendant's vehicle in the underground parking lot; and (e) the defendant is expected not to drive under the influence of alcohol again, and (e) the defendant is trying not to drive under the influence of alcohol.