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(영문) 수원지방법원 2020.04.09 2019고단8033

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On October 17, 2008, the Defendant received a summary order of a fine of one million won as a crime of violating the Road Traffic Act at the Suwon District Court on October 17, 2008.

【Criminal Facts】

On December 1, 2019, at around 05:50, the Defendant driven a Fniboo vehicle in the state of alcohol 0.120% alcohol concentration at approximately 400 meters from the Do in front of the C Hospital in Suwon-si B.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A notice of the results of drinking driving control and a record of drinking measurement;

1. A written appraisal of blood alcohol;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (previous and confirmation), and application of Acts and subordinate statutes;

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 repeats a crime despite the fact that the criminal defendant had been punished once due to drunk driving; (b) a traffic accident occurred; and (c) a blood alcohol level is not low; (c) a criminal defendant recognizes the crime and is in a serious go against the criminal intent; (d) a criminal defendant does not cause any particular damage due to a traffic accident; and (e) a criminal record of the above drinking driving is a criminal record of a fine; and (e) a criminal record of a fine has no other criminal record, etc. are considered in favor of the defendant; and (e)