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(영문) 수원지방법원 성남지원 2020.05.14 2020고단684

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On November 13, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court.

【Criminal Facts】

On February 28, 2020, at around 02:15, the Defendant driven a vehicle owned by the Co., Ltd. Co., Ltd. in the state of alcohol of approximately 0.144% of blood alcohol concentration in the 10 kilometers from the ridge of the Si-Gu in Gwangju-si to the B-dong Dok-dong Highway.

Summary of Evidence

1. Defendant’s legal statement, report on traffic accident (1), report on the occurrence of traffic accident, report on his/her driver’s statement, and report on the results of drinking control;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);

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. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (Article 334(1) of the Criminal Procedure Act asserts that there was a possibility that the blood alcohol concentration might have been increased at the time of the measurement of alcohol, but according to the evidence duly adopted and investigated by the court, since the blood alcohol concentration was measured at approximately 15 minutes after the time when the defendant caused an accident due to the drunk driving ( February 28, 2020) (Article 02:30 on February 28, 2020), since the blood alcohol concentration was measured at approximately 15 minutes after the time when the defendant caused the accident due to the drunk driving (Article 02:30 on February 28, 2020), it cannot be deemed that the blood alcohol concentration was measured excessively regardless of whether or not the blood alcohol concentration at the time was raised.

In light of the fact that the level of drinking, the driving of a motorway in the state of drinking, and the accident caused by this, has not been much dangerous, and that the mileage of drinking driving is not short, it is against the other unfavorable circumstances, and it is more favorable to the fact that the driving force of drinking is relatively old.

otherwise, the age of the defendant;