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(영문) 수원지방법원 2020.04.27 2019고단7615

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 13 million.

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

Reasons

Punishment of the crime

【Criminal Power】 On June 26, 2009, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act in an Ansan District Court’s Ansan Branch.

【Criminal Facts】 On November 26, 2019, the Defendant driven a golf car owned by the Defendant from around 300 meters away from the front day of Masung-si to the front day of Masung-si, in a state of drunk alcohol content of 0.131%, around 17:40%.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving regulations 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: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) a criminal defendant repeated the criminal records despite having been punished once due to drunk driving; (b) a blood alcohol level is not low; and (c) the risk of drinking driving was deemed to have been considerable in light of the regulatory circumstances; (d) the criminal defendant recognized the criminal acts; and (e) the criminal records of the above drinking driving are contrary to the truth; (b) the criminal records of the above drinking driving are the criminal records of the 2009 fine; (c) the criminal records of the above drinking driving are the criminal records of the 209 fine; and (d) there are no special criminal records; and (e) the criminal defendant supporting his/her family members