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(영문) 수원지방법원 2019.11.28 2019고단5202

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

[criminal power] On April 2, 2007, the Defendant was issued a summary order of 1.5 million won by committing a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court, etc. On December 18, 2009, the Defendant was issued a summary order of 2 million won by a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on May 17, 2017. On September 12, 2018, the Defendant was sentenced to a suspended sentence of 1 year for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 2, 2019, the Defendant, while under the influence of alcohol of 0.058% of blood alcohol concentration on September 11, 2019, driven a Clearning vehicle at around 143 km-ro 102 and 32 km-ro 102 in Suwon-si, Suwon-si, Suwon-si, on the front side of Suwon-si, and up to the front parking lot of the Suwon Probation Office.

As a result, the Defendant violated the regulations on the prohibition of drunk 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 records: Criminal records, previous records and results of confirmation of dispositions, and application of statutes governing the judgment;

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order was stated in the criminal records as stated in the judgment by the defendant, who committed a crime again during the period of probation, even though there were multiple punishments such as a suspended sentence once.

However, in light of the following: (a) the Defendant reflects the crime; (b) there are circumstances that may reasonably take into account the circumstances leading to the driving of the instant drinking driving; and (c) when the Defendant is sentenced to a sentence, the previous suspended sentence is revoked; and (d) the details of the instant drinking driving and the Defendant is faithfully under the probation of the probation office.