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(영문) 수원지방법원 평택지원 2019.11.21 2019고단1212

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. Around 00:00 on July 20, 2019, the Defendant driven a DNA spke vehicle under the influence of alcohol content of 0.219% at a distance of about 11km from Pyeongtaek-si cafeteria to the same city from around 00:01 on July 20, 2019.

2. On July 20, 2019, the Defendant was in violation of the Road Traffic Act (driving) around 09:30 on July 20, 201, and around 00:01 on July 20, 2019, the Defendant was under the control of the violation of the Road Traffic Act (driving) as prescribed in paragraph (1).

At around 09:30 on July 20, 2019, the Defendant driven D SP vehicle while under the influence of alcohol content of about 0.064% from around 3.7 km to E from around 09:30 to the front of the same city.

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. Each report on investigation;

1. Notification of the results of the crackdown on drinking driving, and a written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes reporting the circumstances of running a driving house;

1. Relevant provisions of Article 148-2 (3) 1 and Article 44 (1) of the Road Traffic Act, Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Taking into account the following circumstances: (a) the reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) under Article 334(1) and the fact that the Defendant has no criminal history.